The legal protection of a patentable invention is granted by a patent issued by
the Patent Office and certifying the exclusive right of the owner of the
invention.
Patentable are inventions in all fields of technology that are new, have an
inventive step and are industrially applicable.
- Novelty means not previously published, disclosed or publicly available prior
to your first filing date.
- Having an inventive step means being more than just a combination of known
features leading to an expected result; not obvious to someone skilled in that
technical field.
- Industrial applicability means useful in some practical, tangible, technical
sense; not abstract.
Inventions must solve technical problems,
The patent for the invention grants the holder exclusive rights, i. e. the right to
prohibit the use of the invention subject to the patent by third parties for a
certain period of time (20 years from the date of filing the patent application)
without its permission in the territory in which the patent is valid. The exclusive
right to the invention includes the right to use the invention, the prohibition of
third parties to use it without the consent of the patent owner and the right to
dispose of the patent.
Object of protection
A trademark is a sign, capable of distinguishing the goods or services of one
person from those of others and may be presented in the State Register of
Trademarks in such a way, that it is possible to clearly and accurately
determine the subject of the protection, granted by the registration. Such signs
may include, for example: words, including the names of persons, letters,
numbers, drawings, figures, the shape of the goods or their packaging, colors,
sounds or any combination of such signs.
Trademark registration is granted for ten years from the date of filing. After this period, the trademark may be renewed for successive ten-year periods. Therefore, the registered trademark may be valid indefinitely.
Types of Trademarks
• Product and service marks: These are also known as individual marks and serve to differentiate products and services from those of other individuals or companies.
• Collective marks: These distinguish products or services offered by members of an association of manufacturers, merchants, or service providers in the market. The owner of this mark is that association.
• Guarantee marks: These certify the common characteristics of products and services offered by persons duly authorized and controlled by the trademark owner.
Legal protection of a utility model is granted through registration with the
Patent Office. Registration shall take effect in respect of third parties from the
date of publication in the Official Bulletin of the Patent Office.
The right of registration belongs to the person who has the right to apply
according to art. 13 of the APRUM.
The product claim according to art. 19, para. 4 APRUM refers to a physical
object (article, device, machine or system of interacting devices, as well as to
substances or compositions). Product claims include elements, components,
connections and / or relationships between elements, their mutual
arrangement, materials from which the elements are made, and other features
of the product, such as result, function, etc., in cases where this is the case.
requires a clearer and more precise definition of its essence.
The utility model registration certificate grants the holder exclusive rights, ie.
the right to prohibit the use of the invention, subject to the patent granted by
third parties for a certain period of time (10 years from the date of filing the
application for registration of a utility model) without its permission in the
territory where the registration is valid. The exclusive right to the registered
utility model includes the right to use the utility model, the prohibition of third
parties to use it without the consent of the certificate holder and the right to
dispose of the utility model registration certificate.
Industrial design is the visible appearance of a product or part of a product,
determined by the features, shape, lines, pattern, ornaments, color
combination or combination thereof.
Product is any product obtained by industrial or artisanal means, including
parts intended to be assembled into a composite product, set or composition
of products, packaging, graphic symbols and printed fonts, with the exception
of computer programs.
Design is important for consumers, who undoubtedly often make their choice
of products based not only on technical and structural parameters, but also on
how they look. Therefore, product design undoubtedly creates an important
competitive advantage for manufacturers and companies that invest in it. Such
companies often make better profits and grow faster. A registered industrial
design can be a significant asset with increasing value.
The exclusive right to a design is acquired through registration with the Patent
Office. Only a design that is new and original is registered. An important point
in the IDA are the requirements for novelty and originality of product design,
which is part of a composite product. In this case, the design attached to or
incorporated in a product that is part of a composite product is considered to
be new or original, if the part included in the composite product remains visible
during normal use of this product and the visible features of the part meet the
requirements for novelty and originality.
Object of protection
A geographical indication means a designation of origin and a geographical
indication.
A designation of origin is the name of a country, a region or a specific locality
in that country, which serves to designate goods, which originate therefrom
and whose quality or properties are mainly or exclusively attributable to the
geographical environment, comprising natural and human factors.
A geographical indication is the name of a country, a region or a specific
locality in that country, serving to designate a commodity, originating
therefrom and possessing a quality, a reputation or any other characteristic,
that may be attributed to that geographical origin.
Objects and form of protection
The subject of protection are created or discovered and cultivated plant
varieties of each botanical variety and species, including branch, line, hybrid or
pad, regardless of the method (artificial or natural) of their obtaining. As new
breeds of animals can be protected created or discovered and developed
breeds, lines and hybrids of farm animals, regardless of the method of
obtaining them. Exceptions are local (indigenous) breeds of state-owned
animals.
The legal protection of a variety is granted by a certificate issued by the Patent
Office and is valid for thirty years for tree and vine varieties and for twenty-five
years for all other varieties, as of the date of its issuance. The certificate shall
certify the existence of a registered plant variety, the priority, the copyright
and the exclusive right of its holder over the variety. The certificate is issued by
the Patent Office after an expert examination of the variety / breed - subject of
the application.
Object of protection
The subject of protection is an original topology, which is a combination of
known elements and connections between them which is the result of the own
intellectual efforts of its creator and is not known among the creators of
topologies and manufacturers of integrated circuits at the time of its creation.
The protection of the topology is effective from the date of its first commercial
use by the applicant, anywhere in the world, if a regular application is filed with
the Patent Office within two years from that date.
The patent owner may make unlimited use of the technical solution protected
by the patent from the date of filing the application, and may place the product according to the invention on the market. When the subject of the application is a medicinal product or a plant protection product, the duration of patent protection is reduced as the use of the product is delayed until the marketing authorization is obtained from the health and agricultural authorities.
This period of time significantly reduces the period of protection provided by the patent, and the period of effective protection is insufficient to cover the
investment made in research and development and other investments. In order
to compensate for inequalities between those sectors, the European Union has
adopted Council Regulation (EEC) No 1768/92 of 18 June 1992 concerning the
creation of a supplementary protection certificate for medicinal products and
Regulation (EC) No 1610/96 of the European Parliament and of the Council of
23 July 1996 concerning the creation of a supplementary protection certificate
for plant protection products, in order to compensate patent holders for the
lack of effective protection and to stimulate research and development in these
sectors of particular importance. The Supplementary Protection Certificate
(SPC) is a form of sui generis legal protection that extends the protection
granted by a patent (called a "basic patent") to a medicinal product or plant protection product.
Objects and form of protection
By Regulation (EU) 2019/933 of the European Parliament and of the Council of
20 May 2019, which enters into force on 1 July 2019, amending Regulation (EU)
469/2009 on the supplementary protection certificate for medicinal products,
an exception to the protection granted by the SPC for medicinal products is
introduced. Regulation (EU) 2019/933 allows third country manufacturers to
manufacture SPC-protected medicinal products for export outside the EU.
Regulation (EU) 2019/933 also allows the manufacture and storage of medicinal products during the last six months of the SPC's operation, with a view to making it ready for sale in the EU after the SPC expires.
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