Are there any other methods to remove or limit the effect of any of the intellectual property rights described above, for example, declaratory relief or licences of right?

Intellectual Property (2nd edition)

Japan Small Flag Japan

In cases where it is effective and adequate for a person who allegedly infringes on a third party’s intellectual property rights to seek a declaration of non-infringement in order to remove the danger or anxiety to the plaintiff’s legal status, the person may file a lawsuit to seek a declaratory judgment which confirms that the defendant has no claims against the person based on infringement upon the defendant’s intellectual property rights under certain circumstances.

UAE Small Flag UAE

UAE national patents, utility certificates and designs: where the patent has not exploited at all, or has not been sufficiently exploited, within three years from the date of grant, a compulsory licence may be granted. The applicant for the compulsory licence must show that over a reasonable period efforts have been made to obtain a licence for adequate compensation, under fair terms. Where the patent relates to semi-conductors, further limitations will apply. A compulsory licence may also be granted where the invention is important to the public interest.

A compulsory licence may not be granted where the owner justifies his position with lawful reasons.

Further defences available for patent infringement only, are where the right is being used for non-commercial or non-industrial purposes, or for scientific research purposes.

UAE trade marks: The court may, based on an application by a concerned person, order the addition of any information in the register that has been omitted from it, or to remove or amend information stated in the register if it was entered unlawfully or is inconsistent with the truth. The Ministry can do these things of its own volition.

UAE copyright: The court may, based on an application by a concerned person, order the amendment of any information in the register. Any interested person may request the Copyright Section to correct any material error made in any registration.

The law provides for permitted acts as outlined in Section 26 above.

GCC patent: where the patent has not been exploited at all, or has not been sufficiently exploited, within three years from the date of grant, a compulsory licence may be granted by the Board of Directors of the GCC PO. The applicant for the compulsory licence must show that over a reasonable period efforts have been made to obtain a licence for adequate compensation, under fair terms. Where the patent relates to semi-conductors, further limitations will apply. A compulsory licence may also be granted where there is a state of emergency, a dire public necessity, or for non-commercial use.

Mexico Small Flag Mexico

Inventions

IP right

Methods to remove or limit the effect

Patents

Educational reasons with non-commercial purposes and/or the exhaustion of the right of the patent owner and/or use an invention before someone else files a patent application and/ the use of the invention referred to in transportation vehicles of other countries when it forms part of such vehicles and when the vehicles are in transit in national
territory and/or using patents with living beings as a resource for obtaining new products and/or an obligatory license in case of lack of use/national security/public emergency.

Utility models

Industrial designs

Integrated circuits

Brands

IP right

Methods to remove or limit the effect

Trademarks

A trademark registration shall not be effective against any third party that markets, distributes, acquires or uses the product to which the registered trademark is applied, after the relevant product has been lawfully introduced in the market and/or when an individual or entity applies his own name or its company or business name to goods or services and/or any third party that can prove an earlier use of an identical or confusingly similar trademark in Mexico to cover identical or similar products.

Trade names

Slogans

Appellations of Origin

When the subject right has not been used for a minimum period of 3 years before a non-use cancellation action is lodged before the Mexican Patent and Trademark Office.

Geographical Indications

Copyright and other rights

IP right

Methods to remove or limit the effect

Copyright

Copyright could be limited a) if the author is mentioned in the quoting and does not represent a substantial reproduction; b) for scientific, literary or artistic investigation and security purposes; c) reproduction for private use; d) for using as evidence in an administrative or judicial procedure; e) for the use of disabled people with non-commercial purposes; f) for utility public service

Related rights

Related rights could be limited a) if the holder of the right is recognized and does not represent a substantial reproduction; b) for scientific, literary or artistic investigation and security purposes; c) reproduction for private use; d) for using as evidence in an administrative or judicial procedure; e) for the use of disabled people with non-commercial purposes; f) for utility public service.

Reservation of rights

Any third party that can prove an earlier use of an identical or similar reservation of rights.

Plant varieties

Plant varieties could be limited by a license in case of national security or public emergency.

India Small Flag India

Trademarks: Trade marks can be registered on a conditional basis, such as with the inclusion of a disclaimer.

Copyright: The exceptions to copyright, enumerated above, serve to limit the operation of copyright.

Designs: Designs can be limited by inclusion of disclaimers and/or by restricting the novelty claim of the design.

Updated: June 15, 2018