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Intellectual Property

What is Intellectual Property?

This is the results human creativity and inventiveness. We have to deal with it every day.
Intellectual Property is divided into two categories:
first - Copyright and Related Rights, which includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programs;
second category - Industrial property, which includes inventions (patents), utility models, industrial designs, trademarks, geographical indications and topography of an integrated circuits.

Industrial Property Law Act of 30 June 2000 (source:WIPO Lex)

OBJECTS OF INDUSTRIAL PROPERTY PROTECTION:

PATENTS
UTILITY MODELS
INDUSTRIAL DESIGNS
TRADEMARKS
GEOGRAPHICAL INDICATIONS
TOPOGRAPHY OF AN INTEGRATED CIRCUITS

PATENTS

A patent is an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem.

A patent provides protection for the invention to the owner of the patent. Patent protection means that the invention cannot be commercially made, used, distributed or sold without the patent owner's consent. The protection is granted for a limited period, generally 20 years. Once a patent expires, the protection ends, and an invention enters the public domain, that is, the owner no longer holds exclusive rights to the invention, which becomes available to commercial exploitation by others.

Patents provide incentives to individuals by offering them recognition for their creativity and material reward for their marketable inventions. These incentives encourage innovation, which assures.... more



US patent Battery of fuel cells

UTILITY MODELS

Any new and useful solution of a technical nature affecting shape, construction or durable assembly of an object shall constitute a utility model. The maximum duration of protection: 10 years.

A utility model shall be considered a useful solution if by means of that solution a practical effect is attainable, expedient in the process of manufacturing or exploitation of the product.

Currently, a small but significant number of countries and regions provide utility model protection. These include: Albania, Angola, Argentina, ARIPO, Armenia, Aruba, Australia, Austria, Azerbaijan, Belarus, Belize, Brazil, Bolivia, Bulgaria, Chile, China (including Hong Kong and Macau), Colombia, Costa Rica, Czech Republic, Denmark, Ecuador, Estonia, Ethiopia, Finland, France, Georgia, Germany, Greece, Guatemala, Honduras, Hungary, Indonesia, Ireland, Italy, Japan, Kazakhstan, Kuwait, Kyrgyzstan, Laos, Malaysia, Mexico, OAPI, Peru, Philippines, Poland, Portugal, Republic of Korea, Republic of Moldova, Russian Federation, Slovakia, Spain, Taiwan, Tajikistan, Trinidad and Tobago, Turkey, Ukraine, Uruguay and Uzbekistan.

The conditions for the registration of utility models are usually less stringent than those applicable to patents, because no inventive step or only a less significant inventive step is required. In some countries, inventions may also be protected by utility models, which are also known as "petty patents" or "utility innovations."... more





utility model PL66945Y1

INDUSTRIAL DESIGNS

Any new and having individual character appearance of the whole or a part of a product resulting from the features of, in particular, the lines, colours, shape, texture or materials of the product and its ornamentation, shall constitute an industrial design.

An industrial design shall be considered new if, before the date according to which priority to obtain a right in registration is determined no identical design has been made available to the public, i.e. used, exhibited or otherwise disclosed. Designs shall also be deemed to be identical with those made available to the public if their features differ only in immaterial details.

Any industrial or handicraft item, including, in particular, packaging, get-up, graphic symbols and typographic typefaces, but excluding computer programs, shall be considered to be a product. It is also possible to have the design protected as a trade mark, especially if the product is distinctive enough as is required for registration of a trade mark.

The term of a right in registration shall be 25 years counted from the date of filing of an industrial design application with the Patent Office... more





industrial design labelling devices

TRADEMARKS

Any sign capable of being represented graphically may be considered as trademark, provided that such signs are capable of distinguishing the goods of one undertaking from those of other undertakings.

The following, in particular, may be considered as trademarks : words, designs, ornaments, combinations of colours, the three-dimensional shape of goods or of their packaging, as well as melodies or other acoustic signals.

A trademark provides protection to the owner of the mark by ensuring the exclusive right to use it to identify goods or services, or to authorize another to use it in return for payment. The term of the right of protection shall be 10 years counted from the date of filing of a trademark application with the Patent Office. The term of protection may, at the request of the right holder, be extended for subsequent ten-year periods in respect of all or of a part of the goods.... more





trademark of University of Science and Technology

GEOGRAPHICAL INDICATIONS

Geographical indications shall be word indications which in an explicit or implicit manner designate the name of a place, locality, region or country (territory), which identify a good as originating in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to the geographical origin of that good.

Term of protection for a geographical indication shall be unlimited and shall start from the date of its entry in the Register of Geographical Indications kept by the Patent Office....more

geographical indication obwarzanek krakowski

TOPOGRAPHY OF AN INTEGRATED CIRCUITS

Any solution consisting of a three-dimensional arrangement of the elements, however expressed, at least one of which is an active element, and of all or some interconnections in an integrated circuit, shall be considered as a topography of an integrated circuit.

A topography shall be considered original if it is the result of its creator's own intellectual effort and is not commonplace at the time of its creation.

The right in topography registration shall terminate 15 years from its creation or fixing, if that period expires before the expiry of a period for which the right in registration has been granted and the topography has not been exploited for commercial purposes during that time....more



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