What different types of intellectual property rights exist in this jurisdiction to protect?

Intellectual Property

Singapore Small Flag Singapore

(a) Inventions (e.g. patents, supplementary protection certificates, rights in confidential information and/or know-how);
Patents, trade secrets (rights in confidential information and/or know-how), copyright, registered design rights

(b) Brands (e.g. trade marks, cause of action in passing off, rights to prevent unfair competition, association marks, certification marks, hallmarks, designations of origin, geographical indications, traditional speciality guarantees);
Trade marks, cause of action in passing off, collective marks (association marks), certification marks, geographical indications

(c) Other creations, technology and proprietary interests (e.g. copyright, design rights, semiconductor topography rights, plant varieties, database rights, rights in confidential information and/or know-how).
Copyright, registered design rights, layout-designs (topographies) of integrated circuits, plant varieties, trade secrets (rights in confidential information and/or know-how).

France Small Flag France

(a) Inventions (e.g. patents, supplementary protection certificates, rights in confidential information and/or know-how);
Under French law, inventions are protected by patents, supplementary protection certificates and utility certificates (art L.611-1 and L.611-2 of the French Intellectual Property Code “IPC”).

Patent rights are granted for inventions of either products or processes in any fields of technology provided that they are new, involve an inventive step and are susceptible of industrial application. In addition, the development at stake should not be excluded from patentable subject matter (IPC art. L.611-10).

Inventions and relating know-how can also be protected as confidential information. The holder must justify that the know-how (i.) is secret, (ii.) is commercially valuable, and (iii.) has been subject to reasonable measures to protect its confidentiality.

Unauthorized disclosure by third party can be sanctioned by tort law, civil law (breach of a NDA or confidentiality clause) or criminal law (violation of a manufacturing secret).

It should be further noted that the EU directive, to be implemented in French law by June 2018, will provide a coherent legal framework, with a high level of protection.

(b) Brands (e.g. trade marks, cause of action in passing off, rights to prevent unfair competition, association marks, certification marks, hallmarks, designations of origin, geographical indications, traditional speciality guarantees);
Any sign capable of distinguishing the goods of one undertaking from those of another can be protected by a trademark (IPC art. L.711-1 and L.713-5).

Unfair competition or passing off can sanction the unauthorized use by a third party of an unregistered brand or any other distinctive element identifying an undertaking.

Collective trademarks protect signs which may be used by any person complying with a set of rules set out by the holder of the registration (IPC art. L.715-1).

Geographical indications protect the denomination of a region and designate products originating from it, their quality or characteristics being attributable to natural and human factors specific to the said location (IPC art. L.721-2).

(c) Other creations, technology and proprietary interests (e.g. copyright, design rights, semiconductor topography rights, plant varieties, database rights, rights in confidential information and/or know-how).
Copyright protects original works of the mind, regardless of their kind, form of expression, merit or purpose, from the mere act of creation (ICP art. L.111-1 and L.112-1).

Neighboring rights protect:

  • performers (IPC art L.212-1);
  • phonogram producers (IPC art. L213-1);
  • videogram producers (IPC art. L.215-1);
  • audiovisual communication companies (IPC art. L.216-1).

Databases are defined as collections of works and data arranged in a methodical way and individually accessible. They can be protected either through copyright or through a sui generis right. Qualification for sui generis protection requires substantial investments in the constitution, verification or presentation of the database (IPC art. L.341-1).

Design rights protect the appearance of the whole or part of an industrial or handcraft product provided that it is new and has individual character (IPC art. L.511-1 and L.511-2).

Functional forms and designs contrary to public policy or morality are excluded from registration.

In France, design can be protected through national or European registration, it being specified that European law also provides with unregistered design rights.

Semiconductor rights protect topographies reflecting an intellectual effort and uncommon (IPC art. L.622-1).

Plant variety right protect new, distinct, stable and sufficiently uniform plant breeding (ICP art.L623-1).

Portugal Small Flag Portugal

(a) Inventions (e.g. patents, supplementary protection certificates, rights in confidential information and/or know-how);
R: In what refers to inventions, the Portuguese jurisdiction, namely the Portuguese Industrial Property Code, grants protection to: i) patents; ii) supplementary protection certificates; iii) utility models;

Know-how is also protected via unfair competition prohibition and it does not need any registration to be effective.

(b) Brands (e.g. trade marks, cause of action in passing off, rights to prevent unfair competition, association marks, certification marks, hallmarks, designations of origin, geographical indications, traditional speciality guarantees);
R: As regards Brands, the Portuguese Industrial Property Code, grants protection to: i) trademarks; ii) logos; iii) designations of origin; iv) geographical indications v) company/commercial names.

As a member-state of the UE, the UE trademarks are also protected in Portugal.
It is also possible to designate Portugal as regards the International Trademark Registration system (Madrid Agreement).

(c) Other creations, technology and proprietary interests (e.g. copyright, design rights, semiconductor topography rights, plant varieties, database rights, rights in confidential information and/or know-how).
R: Portuguese jurisdiction also protects i) topographies of semiconductor products ii) new plant varieties iii) design rights.

Portuguese jurisdiction also protects copyright (authorial right). Database may be protected via copyright. Copyright protection does not need registration, but it is possible (and recommended).

As a member-state of the UE, the UE designs are also protected in Portugal.

India Small Flag India

(a) Inventions (e.g. patents, supplementary protection certificates, rights in confidential information and/or know-how);

  • Patents: In India, inventions can only be protected by Patents, which are governed by the Indian Patent Act, 1970.
  • Rights in confidential information and trade secrets (know-how): There is no separate legislation for the protection of confidential information and trade secrets in India, and the same is protected and governed under the contract law.
  • Supplementary protection certificates are not available in India

(b) Brands (e.g. trade marks, cause of action in passing off, rights to prevent unfair competition, association marks, certification marks, hallmarks, designations of origin, geographical indications, traditional specialty guarantees);

  • Trade marks
  • Cause of action in passing off
  • Right to prevent unfair competition (under competition laws)
  • Collective marks
  • Certification marks
  • Hallmarks
  • Geographical indications
  • Domain Name

(c) Other creations, technology and proprietary interests (e.g. copyright, design rights, semiconductor topography rights, plant varieties, database rights, rights in confidential information and/or know-how).

  • Copyrights
  • Designs
  • Semiconductors and integrated circuits
  • Plant varieties
  • Database rights

Greece Small Flag Greece

(a) Inventions (e.g. patents, supplementary protection certificates, rights in confidential information and/or know-how);

Inventions are primarily protected via patents and, where applicable, supplementary protection certificates. Protection of inventions may also be attained via registration of utility models, as well as via (unregistered) rights in confidential information, trade secrets and know-how. Unfair competition law may also serve to protect inventions, in addition to or regardless of, specific rights registration.

(b) Brands (e.g. trade marks, cause of action in passing off, rights to prevent unfair competition, association marks, certification marks, hallmarks, designations of origin, geographical indications, traditional speciality guarantees);

Brands are primarily protected via trade mark registration (national, EU, international) and unfair competition law (unregistered signs and/or designs).

(c) Other creations, technology and proprietary interests (e.g. copyright, design rights, semiconductor topography rights, plant varieties, database rights, rights in confidential information and/or know-how).

Creative works are protected by copyright and/or registered design rights. Databases can be protected either by copyright or by the sui-generis proprietary database right.

There is also specific legislation protecting semiconductor topography rights and plant varieties. However, in the absence of the implementing Decree prescribed by the Greek plant varieties law, no national plant varieties grants are available.

Unfair competition law may also apply to protect the above IP rights.

Japan Small Flag Japan

(a) Inventions (e.g. patents, supplementary protection certificates, rights in confidential information and/or know-how);
Patents, including utility model rights
Japan has a two-tier patent system:

The Patent Act, which covers exclusive rights to inventions based on technical ideas using natural laws; and The Utility Model Act, which covers exclusive rights to devices based on technical ideas using natural laws in connection with a device’s shape, structure, or a combination thereof.

The scope of the subject matter protected by the Utility Model Act is narrower than that protected by the Patent Act, and the level of technical complexity required by the Utility Model Act is lower than that required by the Patent Act.

Trade secrets and confidential information

Confidential information, which is defined as technical or business information useful for commercial activities, such as manufacturing or marketing methods, that is kept secret and is not publicly known, can be protected under the Unfair Competition Prevention Act as trade secrets.

(b) Brands (e.g. trade marks, cause of action in passing off, rights to prevent unfair competition, association marks, certification marks, hallmarks, designations of origin, geographical indications, traditional speciality guarantees);
Trade marks
Any mark that consists of a character, figure, sign, three-dimensional shape, colour, or any combination thereof, or a sound, that is used in connection with goods or services for commercial purposes can be registered and protected under the Trademark Act.
If unregistered marks are widely-recognised or well-known, they can be protected under the Unfair Competition Prevention Act and/or the Civil Code.

(c) Other creations, technology and proprietary interests (e.g. copyright, design rights, semiconductor topography rights, plant varieties, database rights, rights in confidential information and/or know-how).
Copyright
Under the Copyright Act, copyright arises automatically upon creation of a work in which thoughts or sentiments are expressed in a creative way and which falls in the literary, academic, artistic or musical domain.

Design rights
Under the Design Act, a “design” means the shape, pattern, colour, or combination thereof of an article which has an aesthetic sense. A graphic image that is provided for use in the operation of an article (limited to operations carried out in order to enable the article to perform its functions) and is displayed on the article itself or another article that is used with the article in an integrated manner, can also be protected by the Design Act.

Unregistered designs can be protected under the Unfair Competition Prevention Act and/or the Copyright Act.

China Small Flag China

(a) Inventions (e.g. patents, supplementary protection certificates, rights in confidential information and/or know-how);
Invention patents, utility model patents, rights in confidential information and know-how as trade secrets.

(b) Brands (e.g. trademarks, cause of action in passing off, rights to prevent unfair competition, association marks, certification marks, hallmarks, designations of origin, geographical indications, traditional speciality guarantees);
Trademarks and certain brand related actions pursuant to the Anti-Unfair Competition Act.

(c) Other creations, technology and proprietary interests (e.g. copyright, design patents, semiconductor topography rights, plant varieties, database rights, rights in confidential information and/or know-how).
Copyright, design patents, semiconductor topography rights, plant varieties , and rights in confidential information and know-how as trade secrets.

United Kingdom Small Flag United Kingdom

Rights identified below as "EU" or "Community" rights have geographical scope covering the EU. The other rights and causes of action are confined in geographical scope to the UK.

Patents
Patents are available for inventions that are new (novel), involve an inventive step and are capable of industrial application. Patents grant the inventor a period of exclusivity in return for the inventor disclosing the invention. There is a requirement that the invention be disclosed sufficiently clearly and completely for this to occur.

Some categories of development, for instance discoveries, business methods and computer programs, are not considered to be inventions and are not patentable unless they offer a technical contribution. There are also categories of invention which are excluded from patentability, for example if the invention is contrary to public policy or morality or falls within another exclusion.

In basic terms, there are two systems pursuant to which a patent may be granted covering the UK: the national system and the European Patent Convention (EPC) system. Either system may be preceded by, or may act as the receiving office for, an application under the international system through the World Intellectual Property Office (WIPO). Whichever system is employed, the patent that is granted is national in scope; European patents are, at present, filed as a single European application, but granted by the European Patent Office as a bundle of national designations.

As it can take some years after the patent has been filed in order to obtain regulatory approval for a pharmaceutical or plant protection product, supplementary protection certificates (SPCs) are available to extend the term of patent protection by up to five years in qualifying circumstances.

Confidential information
Confidential information is broadly defined as information that has the necessary quality of confidence and is subject to an obligation of confidence. In the UK, the tort of breach of confidence may assist in protecting against its unauthorised use.

Confidential information may include know-how and trade secrets. Its status may be protected by an obligation of confidentiality arising under the common law or because of specific contractual terms (for example in employment contracts and non-disclosure agreements).

Registered trade marks
A mark or sign may be registered as a UK trade mark or a European Union trade mark if it is capable of distinguishing the goods or services of one undertaking from those of another, and of being represented graphically on the register. It must also not be devoid of distinctive character or exclusively indicate the kind, quality, quantity or other characteristics of the goods or services. A mark which does not immediately appear to have distinctive character can acquire distinctiveness through use.

Registered trade marks can include a variety of forms such as words, domain names, colours and the shape of goods or packaging. There can also be non-traditional trade marks such as scents and sounds, but in practice, registration of non-traditional marks is difficult to obtain.

Passing off
The tort of passing off can protect goodwill attached to goods or services in the UK, where there is a misrepresentation leading or likely to lead the public to believe the goods or services are those of the Claimant or some other authorised link, and where the Claimant suffers damage as a result. The tort can be used as a way of protecting unregistered trade marks, names, logos or get-up from being mis-used.

Registered designs
Designs that are new and have individual character can be registered as UK or "Community" (EU) designs. A design registration may be used to protect the appearance of the whole, or part, of a product, and may be a three-dimensional or two-dimensional design. It is not possible to register features of an article that perform a technical function or that interconnect with another part so as to perform a function, designs that are contrary to public policy or computer programs.

Unregistered designs
UK unregistered design right (UDR) protects any aspect of the shape and configuration of the whole or part of an article (whether external or internal) that is original, recorded in a design document or the subject of an article made to the design, and created by a qualifying person. UDR does not subsist in a method or principle of construction, the shape of an article that "must fit" another, or the appearance of an article that "must match" another. UDR does not protect two-dimensional designs such as ornamentation or surface decoration (which may be protected by copyright).

EU "Community" unregistered design right has a slightly broader scope of protection than UDR and protects both three-dimensional and two-dimensional designs.

Both UDR and Community unregistered design right arise automatically in qualifying circumstances. Infringement depends upon copying of the protected work (assessed qualitatively).

Copyright
Copyright may subsist in original works in any of the protected categories: literary, dramatic, musical and artistic works, sound recordings, films, broadcasts and typographical arrangements of published editions, provided the work qualifies by its author’s nationality or domicile or by the place of first publication of the work. Protection arises automatically when works are recorded in writing or some other form. Infringement depends upon copying the whole, or a substantial part, of the protected work (assessed qualitatively).

Database rights
Databases can be protected in two ways: by copyright and by the standalone database right. The standalone database right requires a substantial investment in obtaining, verifying or presenting the contents of a database.

Plant varieties
Plant variety rights are available, by registration, for new, distinct, uniform and stable plant varieties, and entitle the right owner to prevent others from reproducing or conditioning for propagation the relevant plant variety, or offering for sale, selling, exporting, importing or stocking for those purposes. Protection is available for the UK or throughout the EU.

Semiconductor topography rights
Semiconductor topography rights protect topographies in a pattern fixed on, or intended to be fixed on, a layer of a semiconductor product or a material used to make that semiconductor, or an arrangement of patterns fixed on the layers of a semiconductor. The protection arises automatically. Most original, integrated circuits are protected, provided the circuit has at least two layers, and one is made of a semiconducting material, with a pattern fixed to it for the purpose of performing an electronic function.

South Africa Small Flag South Africa

(a) Inventions (e.g. patents, supplementary protection certificates, rights in confidential information and/or know-how);

Inventions are protected in terms of the Patents Act and the common law principles pertaining to trade secrets. In order for information to qualify for protection as a trade secret, the information must be secret, in the sense that it is not generally known to or readily accessible to third parties, it must have commercial value, and have been subject to reasonable steps to maintain its secrecy.

(b) Brands (e.g. trade marks, cause of action in passing off, rights to prevent unfair competition, association marks, certification marks, hallmarks, designations of origin, geographical indications, traditional speciality guarantees);

Trade Marks, cause of action on the basis of passing off and unlawful competition, certification trade marks, collective trade marks.

(c) Other creations, technology and proprietary interests (e.g. copyright, design rights, semiconductor topography rights, plant varieties, database rights, rights in confidential information and/or know-how).

  • The South African intellectual property framework includes protection for design rights, which rights are extended to integrated circuit topographies. South African law also provides for protection of certain forms of Indigenous Knowledge relating to biological resources in relation to patents, and a framework is currently being developed to extend this protection to other forms of intellectual property rights and other forms of Indigenous Knowledge.

  • Traditional Knowledge/Indigenous knowledge – The South African government has attempted to provide protection for traditional or indigenous knowledge through the introduction of The Intellectual Property Amendment Laws Act 28 of 2013. However, the Act has not yet come into force as the regulations have not been finalised.

    The Protection, Promotion, development and Management of Indigenous Knowledge Systems Bill, 2016 – The South African Department of Science and Technology has advised that the aim of this Bill is to protect, promote, develop and manage indigenous knowledge. It has been tabled before the South African parliament but has not been passed into law as yet.

  • Plant Breeders’ Rights (PBR)
  • Copyright

UAE Small Flag UAE

Inventions: Patents and utility certificates (where the invention lacks a sufficient degree of innovative activity). However, utility certificates do not grant exclusive rights. The UAE is a member of the PCT system, and so the UAE can be designated in PCT filings. Patent protection can also be obtained through GCC Patents.

Brands: Trademarks

Other creations: Copyrights, neighbouring rights granted to performers, producers of phonograms and broadcasting organizations, industrial design rights, plant varieties and plant breeders rights.

United States Small Flag United States

(a) Inventions (e.g. patents, supplementary protection certificates, rights in confidential information and/or know-how);

1) Utility patents for new and useful aspects of a process, a machine, a manufacture, and a composition of matter; 2) design patents for the ornamental and non-functional aspects of a design; and 3) plant patents for asexually reproducible plants.

Patent rights are distinct from rights in confidential information and/or know-how which are governed by trade secret laws.

(b) Brands (e.g. trade marks, cause of action in passing off, rights to prevent unfair competition, association marks, certification marks, hallmarks, designations of origin, geographical indications, traditional speciality guarantees);

Rights in trademarks, including service marks and trade dress (non-functional aspects of a product or its packaging) are provided for under U.S. common law and in the Lanham Act, 15 U.S.C. Chapter 22. Trademark rights arise in the U.S. based upon actual use of the mark in interstate or international commerce, not registration.

Subchapter III of the Lanham Act, included in §§ 1111-1127, sets forth the causes of action and remedies for trademark infringement as well as importation of infringing goods, false designations of origin, false descriptions and dilution of trademarks.

Subchapter IV of the Lanham Act, included in §§ 1141-1141n, sets forth the U.S. requirements for applications under the Madrid Protocol, which provides for international registration of trademarks.

(c) Other creations, technology and proprietary interests (e.g. copyright, design rights, semiconductor topography rights, plant varieties, database rights, rights in confidential information and/or know-how).

Copyrights protect original works of authorship that are fixed in a tangible medium. The Copyright Act of 1976, title 17 of the United States Code.

Databases that are an original work of authorship are generally protectable as compilations under the Copyright Act. The underlying data is not protectable merely because the collection of data within the database is protectable.

Semiconductor topography rights in the U.S. are governed by the Semiconductor Chip Protection Act (SCPA). Such rights are acquired by filing with the U.S. Copyright Office an application for a “mask work” registration under the SCPA.

Trade secrets are protectable. A trade secret, generally, may be all forms and types of financial, business, scientific, technical, economic, or engineering information, including patterns, plans, compilations, program devices, formulas, designs, prototypes, methods, techniques, processes, procedures, programs, or codes, whether tangible or intangible, and whether or how stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing, that is not generally known, and that derives independent economic value for its owner.

Philippines Small Flag Philippines

(a)Inventions (e.g. patents, supplementary protection certificates, rights in confidential information and/or know-how);
The intellectual property rights available to protect inventions include patents and utility models.

Patentable inventions involve any technical solution of a problem in any field of human activity which is new, involves an inventive step, and is industrially applicable.

A utility model is similar to a patent in that the technical solution must be new and industrially applicable, but need not involve an inventive step.

(b) Brands (e.g. trade marks, cause of action in passing off, rights to prevent unfair competition, association marks, certification marks, hallmarks, designations of origin, geographical indications, traditional speciality guarantees);
The intellectual property rights available to protect brands include trademarks, service marks and geographical indications.

A trademark is any visible sign capable of distinguishing goods while a service mark is any such mark capable of distinguishing services.

Brands, once registered as trademarks, may give rise to a cause of action for trademark infringement. Goodwill over brands, whether registered as a trademark or not, may be protected by filing a case for unfair competition.

Internationally well-known marks, whether registered as trademarks in the Philippines or not, are also entitled to protection.

c) Other creations, technology and proprietary interests (e.g. copyright, design rights, semiconductor topography rights, plant varieties, database rights, rights in confidential information and/or know-how).
Other intellectual property rights include copyright, industrial design, and layout-designs of integrated circuits.

A copyright is the protection given to a creator of original works and derivative works. Original works include literary and artistic works. Derivative works include dramatizations, translations, adaptations, abridgments, arrangements, other alterations of literary or artistic works, collections of literary, scholarly or artistic works, and compilations of data and other materials which are original by reason of their selection or content arrangement.

An industrial design is any composition of lines or colors or any three-dimensional form, such that it gives a special appearance to and can serve as a pattern for an industrial product or handicraft.

A layout design of an integrated circuit is the three-dimensional disposition of the elements, at least one of which is an active element, and of some or all of the interconnections of an integrated circuit, or such three-dimensional disposition prepared for an integrated circuit intended for manufacture. An integrated circuit is a product in its final or intermediate form in which at least one of its elements is an active element, and some or all of the interconnections are integrally formed in and/or on a piece of material, and which is intended to perform an electronic function.

Undisclosed information or trade secrets may be protected under different Philippine laws and through confidentiality agreements between parties.

Germany Small Flag Germany

(a) Inventions (e.g. patents, supplementary protection certificates, rights in confidential information and/or know-how);

  • Patents;
  • Supplementary protection certificates (for medicinal products and plant protection products);
  • Utility models;
  • Confidential information and confidential know-how: protection of trade and company secrets is provided through unfair competition law.

(b) Brands (e.g. trade marks, cause of action in passing off, rights to prevent unfair competition, association marks, certification marks, hallmarks, designations of origin, geographical indications, traditional speciality guarantees);

  • Registered trade marks
  • Unregistered trade marks established by
    • market recognition or
    • notoriety within the meaning of Article 6 of the Paris Convention for the Protection of Industrial Property 1883 (Paris Convention)
  • Business names: company names and work titles enjoy protection similar to trade marks under German trade mark law
  • Geographical indications, designations of origin, traditional speciality
  • Supplementary protection of creative property under competition law

(c) Other creations, technology and proprietary interests (e.g. copyright, design rights, semiconductor topography rights, plant varieties, database rights, rights in confidential information and/or know-how).

  • Registered design rights;
  • Copyright, database rights;
  • Semiconductor topography rights;
  • Plant variety rights;
  • Protection of confidential know-how and business information (trade secrets).

Switzerland Small Flag Switzerland

(a) Inventions (e.g. patents, supplementary protection certificates, rights in confidential information and/or know-how);
Patents and supplementary protection certificates (for active ingredients of patented and authorised pharmaceutical products or pesticides).

No exclusive intellectual property rights as such are conferred on trade secrets or other confidential information and know-how. In the event of an unauthorised disclosure or exploitation of such information, contractual provisions, unfair competition law and/or criminal law may provide protection.

(b) Brands (e.g. trade marks, cause of action in passing off, rights to prevent unfair competition, association marks, certification marks, hallmarks, designations of origin, geographical indications, traditional speciality guarantees);
Trade marks (including guarantee marks and collective marks), PGI (Protected Geographical Indications), PAO (Protected Applications of Origin) and domain names (.ch and .swiss being the specific top level domains for Switzerland).

(c) Other creations, technology and proprietary interests (e.g. copyright, design rights, semiconductor topography rights, plant varieties, database rights, rights in confidential information and/or know-how).
Copyright, design, topography rights and plant varieties.

No exclusive intellectual property rights as such are conferred on trade secrets or other confidential information and know-how. In the event of an unauthorised disclosure or exploitation of such information, contractual provisions, unfair competition law and/or criminal law may provide protection.

Ukraine Small Flag Ukraine

(a) Inventions (e.g. patents, supplementary protection certificates, rights in confidential information and/or know-how);

Inventions and utility models are protected by patents. In addition, the law provides protection of secret patents for inventions and utility models. Supplementary protection certificates are not provided by the law per se, but duration of patents for inventions that covers substances the use of which requires the State authorization (e.g. medicines and agrochemicals) may be extended in addition for the term up to 5 years.

Confidential information and know-how may receive legal protection in Ukraine provided that confidentiality requirement is duly observed and subject to requirements prescribed by the laws.

(b) Brands (e.g. trade marks, cause of action in passing off, rights to prevent unfair competition, association marks, certification marks, hallmarks, designations of origin, geographical indications, traditional speciality guarantees);

Intellectual property rights to trademark are confirmed by the trademark certificate.
Unfair competition laws provide the possibility to initiate proceedings on the ground of passing off as well as possibility to take legal actions to prevent unfair competition.
As to certification marks, Ukrainian legislation provides for requirement to conduct certification of the goods and certain services, subject to requirements of the relevant legislation (e.g., the foreign goods require certification for their import).

Designations of origin and geographical indications are subject to state registration confirmed by the certificate. In Ukraine, there is no registry of the traditional specialty guarantees, however, the registration and protection of designations of origin provides legal protection to agricultural products of foodstuff of a traditional composition, or produced according to a traditional production method, that is linked to certain geographical area.

Ukrainian legislation provides protection to trade names. Legal protection is being granted to a trade name from the date of its first use in Ukraine.

(c) Other creations, technology and proprietary interests (e.g. copyright, design rights, semiconductor topography rights, plant varieties, database rights, rights in confidential information and/or know-how).

Copyright subsists in original works of authorship fixed in material form. Copyright protection covers both published and unpublished works, both completed or incomplete, irrespective of their purpose, genre, volume. Copyright registration is voluntary. Copyright registration is confirmed by copyright certificate.

Databases are protected as copyrighted works.

Related rights exist in performance of literary, dramatical, musical, choreography, folklore and other works, phonograms, videograms, programs of broadcast organizations to protect the rights of the performers or works, phonogram and videogram producers, broadcasting companies and their respective successors.

Industrial designs are protected by patents.

Exclusive rights to semiconductor topographies are confirmed by certificates.

Non-proprietary intellectual property rights to plant variety are confirmed by the certificate of authorship to a plant variety.

Proprietary intellectual property rights to plant variety are certified by patent.
Certificate of state registration of variety gives its owner the exclusive proprietary right of dispersal of variety.

Confidential information and know-how are protected based on their confidentiality.

Turkey Small Flag Turkey

(a) Inventions (e.g. patents, supplementary protection certificates, rights in confidential information and/or know-how);

Under Turkish Law, inventions are protected through patent right and utility model.

Patent rights and utility models are granted for inventions in all fields of technology given that they are new, include an inventive step and are applicable to industry. Also, inventions that are not patentable are listed under article 82 of the Industrial Property Law numbered 6769 (“IPL”).

(b) Brands (e.g. trade marks, cause of action in passing off, rights to prevent unfair competition, association marks, certification marks, hallmarks, designations of origin, geographical indications, traditional speciality guarantees);

Any sign that allows for products or services of an enterprise to be distinguished from those of another enterprise and that is clearly and certainly indicative of the subject of protection are protected under trademarks. Also, brands may be protected through the right to bring an actio negatoria and the right to request prevention of several actions.

Geographical indication protects products identified with a specific region, territory or country of its origin as per a distinct qualification, reputation or other specification. Products manufactured in a traditional way are protected under traditional product names.

(c) Other creations, technology and proprietary interests (e.g. copyright, design rights, semiconductor topography rights, plant varieties, database rights, rights in confidential information and/or know-how).

Design right protects the appearance of an industrial or handcraft product, including any parts thereof and compound products, excluding computer programs, provided that the appearance is new and distinguishable.

Sweden Small Flag Sweden

(a) Inventions (e.g. patents, supplementary protection certificates, rights in confidential information and/or know-how);
The following protective rights can apply to inventions in Sweden:

(i) Patent
Inventions can be protected by patent rights in accordance with the Swedish Patents Act (SFS 1967:837) (the ‘Patent Act’) (supplemented by the Patent Decree (SFS 1967:838)). In accordance herewith, any person who has made an invention which may have industrial application, or his or her successor in interest, may, following an application therefor, be granted a patent for the invention in Sweden and thereby acquire an exclusive right to exploit the patent in his or her profession. If exclusively a scientific discovery, artistic creation, business method or suchlike cannot be deemed an invention.

Further, a patent may only be granted for an invention which is new in relation to what was known prior to the date of the patent application and shall differ significantly therefrom. The scope of the patent protection is determined based on the claims put forward in the application. Patent protection is subject to annual fees to be submitted to the Swedish Patent and Registration Office (the ‘PRO’).

(ii) Supplementary Protection Certificate
In the events of patents for medicinal products and plant protection products, the term of a patent can be extended. This extension of the terms is based on two EC regulations (regulations (EC) No 469/2009 and (EC) 1610/96) and is called a Supplementary Protection Certificate (SPC). A SPC can be granted by the PRO under the conditions that

  • the product is protected by a basic patent in force,
  • a valid authorisation to place the product on the market as a medicinal product or a plant protection product has been granted and this authorisation was the first to place the product on the market, and
  • the product has not already been the subject of a SPC.

The extension of the term can be granted for a period of five years. Furthermore, an SPC can be extended by another six months if the product is a medicinal product and the patent owner has tested the product’s suitability for children.

(iii) Right to Inventions of Employees
The Right to the Inventions of Employees Act (SFS 1949:345) (the Employees’ Invention Act’) applies to patentable inventions by employees in public and private employment (with a few exceptions) and stipulates that employees shall be entitled to the same rights to their inventions as other inventors unless otherwise is provided by the act.

The details of employees’ right to their inventions are often regulated in employment agreements. The employees’ right to reasonable compensation should the employer succeed an employee in relation to an invention is however obligatory.

(iv) Protection of Trade Secrets
Information concerning a business or operational circumstances of a business which the business proprietor keeps secret due to the risk of damage should the information be disclosed (hereinafter ‘Trade Secrets’) are not intellectual property in a strict legal, Swedish sense but are closely related thereto and protected under the Trade Secrets Act (SFS 1990:409) (the ‘Trade Secrets Act’). Under the Trade Secrets Act, unlawful disposal of, or gaining of access to, a Trade Secret constitutes prohibited conducts such as industrial espionage and unlawful dealing in trade secrets. Regarding employees, the prohibit of unlawful dealing with Trade Secrets is in general only enforceable during the term of the employment. Where the action took place after the termination of employment, the employee shall be liable for damages only where exceptional reasons exist. Unlawful disclosure under the Trade Secrets Act may lead to compensational liability or in exceptional situations to imprisonment not to exceed six years.

(b) Brands (e.g. trade marks, cause of action in passing off, rights to prevent unfair competition, association marks, certification marks, hallmarks, designations of origin, geographical indications, traditional speciality guarantees);

(i) Right to Trademarks and Neighbouring Rights
The Trademark Act (SFS 2010:1877) (the ‘Trademark Act’) supplemented by the Trademark Regulation (SFS 2011:594) regulates the protection of trademarks and other marks for goods or services which are provided in trade and to which anyone can acquire an exclusive right, and of special designations for agricultural products and foodstuffs which are protected in the European Union.

The Trademark Act also covers exclusive rights to members’ use of collective trademarks which can be acquired by companies and suchlike, as well as the right of authorities, companies, associations etc. Furthermore, the Trademark Act covers rights such as guarantee marks, certification marks. The Act also contains provisions on special indications for agricultural products and foodstuffs which are protected within the European Union. A collective trademark refers to a trademark used by a number of different legal bodies who are members in an association. A guarantee or certification mark which can be acquired by companies and authorities verifies for example that a certain product meets requirements and provisions. Special indications for agricultural products and foodstuffs refer to marks which verify how or where a product has been manufactured.

In accordance with Section 4 of the Trademark Act, a trademark may consist of ‘all symbols capable of being represented graphically, particularly words, including personal names, as well as devices, letters, numerals, and the design or ornamental aspects of a product or its packaging, provided that such symbols have distinctive character’ (‘Trademark’). In order to have ‘distinctive character’, the trademark must be able to differentiate goods or services which are provided by one trader from those which are provided by another trader. In the determination hereof, consideration may be taken of the fact that it may acquire such character through use.

An exclusive right to a Trademark may be acquired by means of registration (in accordance with Chapter 2 or 5 of the Trademark Act depending on whether the application aims at a national or international registration) or establishment on the market, and entails that no party other than the proprietor, unless permission has been granted by the proprietor, may use in its commercial activities a symbol which is identical or similar to the Trademark of the proprietor in three main cases:

  • a symbol identical to the mark or the proprietor for goods or services of the same type;
  • identical or similar to the mark for goods or services of the same or a similar type, where there is a risk of confusion, including the risk that use of the symbol will lead to the belief that there is a connection between the party using the symbol and the proprietor of the mark; or
  • a symbol identical or similar to a mark which is known within Sweden by a significant portion of the relevant public, where the use pertains to goods or services and involves improper exploitation of or, without good cause damages, the distinctive character or reputation of the mark.

Such prohibited use includes for example affixing the symbol to goods or their packaging, using the symbol in commercial activities, importing or exporting goods under the symbol or offering goods or services for sale under such symbol.

Protection through establishment demands a widespread recognition (known to a significant portion of those to whom it is addressed, the so called ‘relevant public’) as a designation for the goods or services provided under such mark. It is a form of protection that can be just as strong as a registered protection but comes with a degree of uncertainty.
Proprietors of right in Trademarks may freely sell or license the trademark.

(ii) Right to Trade Names
The name under which a business proprietor conducts its business is generally considered as its trade name. Under the Trade Names Act (SFS 1974:156) (the ‘Trade Names Act’), the right to a trade name includes protection of a company name, secondary company name, as well as secondary marks (together ‘Trade Names’). Exclusive rights to company names and secondary company cames are acquired either by means of establishment of a Trade Name (see above under Right to trademarks) or registration of a Trade Name with the Swedish Companies Registration Office (the ‘SCRO’). Exclusive rights to secondary marks are only acquired by means of establishment of a Trade Name (or registration as a trademark in accordance with the Trademark Act). Trade Names of a limited company must contain the word “aktiebolag” or the abbreviation “AB”. The proprietor of an exclusive right to a Trade Name is also entitled to a corresponding exclusive right to a trademark, and vice versa. Depending on the corporate form, the protection is enforceable in either parts of, or the entirety of, the country. Exclusive rights to Trade Names and Secondary Marks give rise to disposal rights resembling those of trademarks; without the proprietor’s consent other parties are prohibited from, in their commercial activities, using:

  • a symbol identical to the Trade Name of the proprietor when conducting activities within the same area of business as the proprietor;
  • a symbol identical, or similar, to the Trade Name of the proprietor when conducting activities within the same or similar area of business as the proprietor where there is a risk of confusion, including the risk that use of the symbol will lead to the belief that there is a connection between the party using the symbol and the proprietor of the mark; and
  • a symbol identical, or similar, to a Trade Name of the proprietor which is known to a significant portion of the relevant public, if the use thereof involves improper exploitation of or, without good cause damages, the distinctive character or reputation of the trade name.

However, in accordance with Section 3 of the Trade Name Act an exclusive right to a registered Trade Name does not prohibit the use of a symbol of the kind referred to above, within that symbols area of exclusivity by other parties, when it is demonstrable that such use cannot cause damage to the registered Trade Name.

(c) Other creations, technology and proprietary interests (e.g. copyright, design rights, semiconductor topography rights, plant varieties, database rights, rights in confidential information and/or know-how).

(i) Copyright and Rights Neighbouring to Copyright
Creative works, including but not limited to music, lyrics, film, theatre, computer software, architecture and applied art, of different intellectual achievements may be protected by means of copyright under the Act on Copyright in Literary and Artistic Works (SFS 1960:729) (the ‘Copyright Act’), supplemented by the Copyright Regulation (SFS 1993:1212) and the International Copyright Regulation (SFS 1994:193). Copyright arises automatically and does not require registration. In order for an expression to be considered, and thus protected as, a work in a legal sense, it must be sufficiently original and independent. Therefore, expressions which are entirely mechanically created are not considered works under the Copyright Act as they do not meet the level of originality required.

Furthermore, the Copyright Act includes neighbouring rights to copyright. These are the rights of performing artists, producers of recordings of sound and images, sound radio and television organisations, producers of catalogues and photographers. But for a few exceptions, the holders of the rights stated in this paragraph are entitled to the same rights as the holders of copyrights.

In accordance with Chapter 1, Section 2 of the Copyright Act, the effect of copyright is that the holder thereof is entitled to an exclusive right to exploit and make the work available to the public in any technical manner. Exploitation includes any direct and indirect, temporary or permanent reproduction of the work, irrespective of the form. A work can be made available to the public by means of:

  • communication (via radio, television, internet etc.);
  • public performance (live performances with or without the use of a technical device);
  • public exhibition (availability without the use of a technical device); or
  • distribution to the public (offering copies of the work for sale, lent etc.).

Copyright also have moral rights. The moral rights imply that the author must be mentioned when someone uses the work and others may not amend the work in a derogatory manner or use the work in an offensive context.

(ii) Design Protection
A design is under Section 1 of the Design Protection Act (SFS 1970:485) (the ‘Design Protection Act’) defined as the appearance of the whole or a part of a product resulting from the characteristics of the product details or of the details of the products ornamentation (a ‘Design’). Appearance details which are dictated solely by the technical function of the product or which must necessarily be reproduced in their exact form and dimensions in order to permit the product in question to be mechanically connected to or placed in, around or against another product so that both products can perform their functions are not included herein.

Any person who has created a Design (the ‘Designer’) or the Designer’s successor, may obtain an exclusive right to the Design in accordance with Section 1 a of the Design Protection Act, provided that the Design is considered to be new and having an individual character. These requirements are considered met only if no identical Design has been made available to the public before the date of the filing of the application for registration (‘Application Date’) and if the overall impression it produces differs from the overall impression given by any other design which has been made available to the public before the Application Date. Exclusive right to a Design is in general acquired through registration, but may also be done by means of establishment, in accordance with the Council Regulation (EC) No 6/2001 of 12 December 20011 on Community designs.

Under Section 7 of the Design Protection Act, exclusive right means that no third party may use the design without consent by the holder of the exclusive right, with a few exceptions, applicable for example when a design is done for non-commercial purposes.

(iii) Protection of Topographies for Semiconductor Products
Protection for topographies is regulated in the Act on the Protection of Topographies for Semiconductor Products (SFS 1992:1685) (the ‘Protection of Topographies Act’) and may be acquired directly through the creation. To be eligible for protection under the Protection of Topographies Act, the topography must be the result of its creator’s own intellectual effort and the topography must not consist of elements that are commonplace in the semiconductor industry. In accordance with Section 2 of the Protection of Topographies Act, the right in a topography of a semiconductor product includes an exclusive right for the rights proprietor to:

i. make reproductions of the topography;

ii. import reproductions of the typography, for commercial purpose; and

iii. make the typography available to the public by offering reproductions of the topography for sale, retail, lending or other public distribution.

Limitations on the protection apply for reproductions of the typography when made solely for teaching or analysing purposes, as well as for reproductions of a topography which have been distributed to the public within the European Economic Area (or mentioned in the regulation referred to in the above) by or with the consent of rights proprietor. The rights may also be limited with regards to the Freedom of Press Act (SFS 1949:105) in the event a reproduction of a topography constitutes part of a public document.

(iv) Plant Variety Rights
Gene technological procedures related to a plant or a plant variety may be protected in accordance with the Act on the Protection of Plant Variety Rights (SFS 1997:306) (the ‘Plant Variety Act’) (supplemented by the Protection of Plant Variety Rights Regulation (SFS 1997:383)). Unlike patent protection which aims to protect technical applications not limited to one or several varieties specifically, plant variety rights serves to protect certain varieties. Consequently, a genetically modified plant may be subject to both patent rights and plant variety rights.

(v) Marketing Practice
The Marketing Practices Act (SFS 2008:486) (the ‘Marketing Act’) aims at prohibiting unfair marketing practice. The Marketing Act applies when a business proprietor within its business markets or requests a product and the marketing or request is directed to Swedish consumers. Hence, the Marketing Act is not primarily protecting intellectual property as such. However it serves a purpose of safeguarding the protection guaranteed under other intellectual property legislation, e.g. by under Section 10 prohibiting among other things marketing practice that includes copies of other proprietors’ work and therefor is misleading, regardless of whether such copying is considered unlawful infringement under other legislation or not. In this way, the Marketing Act supports intellectual property rights holders’ interests. Misleading marketing also includes marketing which by exploitation of someone’s trademark or built up goodwill arouses associations to the holders’ right of that goodwill. Further, Section 10 of the Marketing Act aims at protecting geographical indications from unlawful use by means of misleading marketing. Product design is protected under Section 13 which prohibits plagiarising of original products which have a distinctive character.

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PATENTS:
Patent registration before the Spanish Patent and Trade Mark Office (SPTO) provides patentee protection to an invention for 20 years, should this invention is novel and meets the inventive step and industrial application. For a patent to be granted, the SPTO undertakes an examination on the merits of the invention.

Under Spanish law, the following categories are expressly excluded from patentability:

  • Discoveries, scientific theories and mathematical methods.
  • Literary or artistic works, any aesthetic creation as well as scientific works.
  • Schemes, rules and methods for performing mental acts, playing games, or doing business and computer programs.
  • Presentations of information.
  • Methods for treatment of the human or animal body by surgery or therapy.
  • Diagnostic methods practiced on the human or animal body.
  • Animal breeds and vegetal varieties and essentially biological procedures for their obtaining.Human body (including gens and NDA without biological function).

Provisional protection provides rights against any third party from the date of publication of the application to the publication of the grant. Protection is provided before the publication of the application against any person notified of the filing and contents of the patent application.

UTILITY MODELS:
Utility model protection is available for any inventions "capable of industrial application" that consist of providing an object or product of a configuration, structure of composition which results in a "noticeable advantage" in its use or manufacturing process. In order to register a Utility Model, the Statute requires that such invention does not derive from the relevant state of the art "in a very evident manner" for the person skilled in the art. This lowered level of inventive step justifies a lesser duration (10 years).

While utility models are typically available for protecting objects (instruments, tools, apparatus, devices), only inventions referring to procedures and those that relate to biological material and pharmaceutical substances and compositions are excluded from utility model protection.

SUPPLEMENTARY PROTECTION CERTIFICATES
Supplementary protection certificates for medicines and phytosanitary products are included in the list of legal titles granted by the SPTO for the protection of industrial inventions.

TRADEMARKS:
Spanish Trademark law, defines a trademark as any sign that is capable both of being represented graphically and of distinguishing in the market the goods or services of one undertaking from those of others. It also provides an inclusive list of signs that may constitute trademarks:

  • words or combinations of words, including those capable of identifying persons;
  • figures, symbols and drawings;
  • letters, numerals and combinations thereof;
  • three-dimensional shapes, including wrappers, containers and the shape of goods or their packaging;
  • sounds; and
  • any combination of the above, without limitation.

Association Marks:
Spanish Trademark law, defines an association mark as any sign capable of being represented graphically, which serves to distinguish on the market the goods or services of the members of an association of the goods or services of other companies.

Only associations of producers, manufacturers, traders or service providers with legal capacity, as well as legal persons governed by public law, may apply for collective marks.

Signs or indications which may be used in trade to indicate the geographical origin of the goods or services may be registered as collective marks. The right conferred by the collective mark shall not permit the proprietor to prohibit a third party from using such signs or indications in trade, provided that such use is carried out in accordance with fair practices in industrial or commercial matters; In particular, that mark may not be opposed by a third party authorized to use a geographical name.

The association mark cannot be assigned to third persons nor authorized its use to those that are not officially recognized by the association.

Certification Marks:
Spanish Trademark law, defines a certification mark as any sign capable of being represented graphically, used by a plurality of companies under the control and authorization of its owner, certifying that the products or services to which it applies comply with common requirements, in particular as regards their quality, components, geographical origin, technical conditions or method of production of the product or the provision of the service.

Tradenames:
Spanish Trademark law, defines a tradename as any sign capable of being represented graphically, which identifies a company in the course of trade and distinguishes it from other companies carrying out identical or similar activities.

DESIGNS:
Spanish Design law defines a design as the appearance of all or part of a product which derives from the characteristics of, in particular, the lines, contours, colors, shape, texture or materials of the product itself or its ornamentation. To be protected, the design must have novelty and individual character.

COPYRIGHT:
Copyright protection arises automatically from the mere fact of the creation of the work.
To obtain copyright protection, a work must be original and be expressed in some specific form (therefore an idea is not, by itself, protected). The Spanish Copyright Act recognizes specific related copyrights to performers, phonogram producers, producers of audiovisual recordings, broadcasting organizations, ordinary photographs, specific editorial productions and the creators of databases (sui generis rights).

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(a) Inventions (e.g. patents, supplementary protection certificates, rights in confidential information and/or know-how);

(b) Brands (e.g. trade marks, cause of action in passing off, rights to prevent unfair competition, association marks, certification marks, hallmarks, designations of origin, geographical indications, traditional speciality guarantees);

(c) Other creations, technology and proprietary interests (e.g. copyright, design rights, semiconductor topography rights, plant varieties, database rights, rights in confidential information and/or know-how).

Updated: August 23, 2017