Which of the intellectual property rights described above are registered in questions 1-3?
Patents, trade marks, registered designs, and plant varieties.
Registered intellectual property rights (IPR) are:
- Patents (IPC art. L.612-1) ;
- Utility certificates (IPC art. L.612-1);
- Trademarks (IPC art. L.712-1) ;
- Certification marks (IPC art. L.712-1);
- Geographical indications (Rural Code art. R.641-12) ;
- Design rights (IPC art. L.511-9);
- Plant varieties certifications (IPC art L. 623-4);
- Semiconductor rights (IPC art. L.622-1).
Copyright, neighboring rights and database rights are automatically granted, should the conditions of protection be met, without any registration requirement.
Design can be protected although unregistered but for a shorter period of time.
R: All of them excepting know-how. Copyright may be registered, but its existence and protection does not depend on the registration.
In order to seek protection for patents and designs, the proprietor must compulsorily apply for registration as it is not possible to enforce these rights unless the same are granted by the Patent Office .
However, the registration for trademarks, copyright, and geographical indications is not mandatory in order to claim ownership. However, it may be necessary in order to claim remedies in the event of infringement.
Patents, SPCs, utility models, registered designs, trade marks, semiconductor topography rights, and plant varieties.
Patent rights, utility model rights, trademarks under the Trademark Act and design rights are protected through registration with the Japan Patent Office (the JPO).
All but copyright and related rights.
Invention patents, utility model patents, design patents, plant varieties and trademarks are registered rights.
Recording relevant copyright works in China is advisable but not required for enforcement.
Patents (and SPCs), registered trade marks, registered designs and plant variety rights are registered rights.
Patents and Designs
Patent and Design Rights are registered rights.
Plant Breeders’ Rights
Plant Breeders’ Rights are registered rights.
The South African Trade Marks Act 194 of 1993 (“the Trade Marks Act”) provides for the registration of trade marks, certification trade marks and collective trade marks.
Copyright subsists automatically in respect of all works, provided certain conditions are met. Even though registration is not required, it is possible to register copyright in cinematographic films.
Patents, trade marks, utility certificates, designs are all rights which can be registered with the relevant IP Departments within the UAE Ministry of Economy. Copyright and neighbouring rights can be recorded with the Copyright department in the UAE. A Gulf Co-operation Council (GCC) patent, a unitary right issued by the GCC Patent Office in Riyadh, also covers the UAE (as well as the remaining GCC Member States, Bahrain, Kuwait, Oman, Qatar and Saudi Arabia).
A Federal law has been passed allowing for the registration of plant varieties and plant breeders rights with the Ministry of Climate Change and Environment. However, the Implementing Regulations have not been issued, so in practice, it is not yet possible to obtain registrations.