Which of the intellectual property rights described above are registered rights?
Intellectual Property (2nd edition)
Under French law, registered intellectual property rights are:
- Patents (Article L.612-1 of the IPC) ;
- Utility certificates (Article L.612-1 of the IPC);
- Trademarks (Article L.712-1 of the IPC) ;
- Certification marks (Article L.712-1 of the IPC);
- Geographical indications (Article R.641-12 of the Rural Code) ;
- Design rights (Article L.511-9 of the IPC);
- Plant varieties certifications (Article L. 623-4 of the IPC);
- Semiconductor rights (Article L.622-1 of the IPC).
On the other hand, copyright, neighboring rights and database rights are automatically granted, without any registration requirement, provided that the conditions of protection are met.
Design can be protected although unregistered but for a shorter period of time.
Patents, supplementary protection certificates, designs, trademarks, topography rights, POA/PGI.
- Supplementary protection rights
- Utility models
- Trade marks
- Designations of origin, geographical indications, and traditional specialities
- Registered designs
- Semiconductor topographies
- Plant varieties
Inventions (and supplementary protection certificates), utility models and new plant varieties may be patented. Trademarks, designs and models, and topographies of semiconductor products may be registered.
Works which are subject to the requirement of deposit shall be entered in the registers, together with the name of the author, the producer, the date of publication and other particulars specified in the Regulations. In the absence of proof to the contrary, registration shall be accepted as proof of the existence of the work and of its publication. The authors and producers entered in the register shall be deemed, in the absence of proof to the contrary, to be the authors and producers of the works attributed to them. Failure to deposit shall not prevent the acquisition or exercise of copyright in respect of works protected under the provisions of ICL.
Patents, SPCs, Trade marks, Certification marks, Designations of Origin and Geographical indications, Plant varieties, Designs and Domain names.
Patents, supplementary protection certificates, trademarks, association marks, certification marks, hallmarks, designations of origin, geographical indications, design, plant varieties.
Trademarks, designation of origin and geographical indications, patents of invention, utility models, industrial drawings and designs, layout designs (topographies) of integrated circuits, plant varieties.
Patents, SPCs, utility models, semi-conductor topography, registered designs, plant varieties and Trademarks.
Patents (and SPCs), registered trade marks, registered designs and plant variety rights are registered rights.
Patents, Trade Marks, Copyright, Designs and Layout-Designs of Integrated Circuits are registered rights.
- Designation of origin
- Traditional specialties guaranteed.
- Plant of varieties
- Utility models
- Industrial designs
- Copyright: It is the power of the creator of the work to request its registration.
Copyrights are registered via the U.S. Copyright Office. Patents and Trademark registrations are granted by the U.S. Patent and Trademark Office, after review of an underlying application to ensure that the legal requirements for grant have been met.
Patents, Trade Marks, Geographical Indication and Industrial Design.
The registered rights among the intellectual property rights described above are patents, industrial designs, utility models, layout designs of integrated circuits, trademarks, and copyrights.
Patents, utility model rights, trademark rights and design rights.
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.
All but copyright and related rights.
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.
- Trade Name
- Design right
- Plant Variety Right
Patents, registered trade marks, registered design rights, semiconductor topography rights, and plant variety rights.
Copyright (including database rights) – non-registered rights
Inventions, utility solutions, industrial designs, layout designs, trademarks, geographical indications and plant varieties.
Patents, utility models, semiconductor topography rights, registered trade marks, registered design rights and plant variety rights.
Trade marks, patents, (registered) design rights, supplementary protection certificates are registrable. Copyright and the unregistered design right are not registered rights.
Geographical indications and designations of origin also have their own registration processes – however Maltese law does not categorise them as intellectual property rights at present, and they do not fall within the remit of the IPRD. The same can be said about plant variety rights.