Which of the intellectual property rights described above are registered rights?
Intellectual Property (3rd edition)
Patents, Utility Innovation, Trade Marks, Geographical Indication and Industrial Design.
Patents, designs, trademarks and business names are registered rights.
Rights in patents, industrial designs, trade marks, GIs of certain categories of goods, and plant varieties may be registered.
All but copyright and related rights.
Patents, trademark, semiconductor topography rights and plant varieties are registered rights.
Copyright registration is optional.
- Trademark and trade name with the first use
- Designation of origin
- Traditional specialties guaranteed.
- Plant of varieties
- Utility models
- Industrial designs
- Copyright: If the creator of the work to request its registration.
Patents, trade marks, registered designs, plant breeders rights.
Patents, trade marks, association marks, certification marks, designations of origin, geographical indications, designs, domain names, plant varieties and SPCs are registered rights.
Patents, utility models, designs and trademarks.
Patents, supplementary protection certificates, designs, trademarks, topography rights, POA/PGI.
Patents (and SPCs), registered trade marks, registered designs and plant variety rights are registered rights.
The applications of Invention and Utility Model Patents, Certificates of Addition, trademarks, industrial designs, Integrated Circuit Topographies and geographical indications are protectable at the Brazilian Patents and Trademarks Office (BPTO), whereas Plant Varieties (cultivars) are registerable at the National Service for the Protection of Cultivars (SNPC, in Portuguese).
On the other hand, copyrights and neighboring rights are registrable at some institutions, depending on the object of copyright protection (i.e. national library for books), but register is not mandatory and does not grant protection, which is acquired by merely fixing the creation in a tangible, intangible, known or still not known medium.; The same goes for software rights, which can be registered at the BPTO. In these cases, the register is merely a declaratory statement of the author that serves as a valuable way of proof.
Patents, trademarks (including association marks, certification marks, hallmarks), designs, appellations of origin and geographical indications, plant breeders’ rights, Patent Term Extension.
Patents, utility models, semiconductor topography rights, registered trade marks, registered design rights and plant variety rights.
Inventions, 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 law. 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.
Under French law, registered intellectual property rights are:
- patents (Article L.612-1 of the IPC);
- supplementary protection certificates (Article L. 612-1 of the IPC);
- utility certificates (Article L.612-1 of the IPC);
- trademarks (Article L.712-1 of the IPC);
- collective marks (Article L.712-1 of the IPC);
- certification marks (Article L.712-1 of the IPC);
- designations of origin (Article L.641-6 of the Rural and Sea Fishing Code);
- geographical indications (Article L.721-3 of the IPC) ;
- traditional specialty guarantees (Article L. 641-12 of the Rural and Sea Fishing Code);
- design rights (Article L.511-9 of the IPC);
- plant varieties certificates (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.
However, it should be noted that for software and databases, the Agency for Programs Protection maintains a register for any digital creations.
In addition, all cinematographic works intended for release in theatres in France must be registered in the Registry of Cinema and Audiovisual (RCA), regardless of the duration of the films, their nature or their origin (Article L.122-1 of the Film and Moving Image Code). The RCA is managed by the National Film and Moving Image Center (CNC) (Article L.111-1 of the Film and Moving Image Code).Design can be protected although unregistered but for a shorter period of time.
In order to seek protection for patents, geographical indications 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. Further, Novelty aspects also bound Patents and Designs and accordingly to save the novelty criteria, registration is required. However, the registration for trademarks and copyright, and is not mandatory in order to claim ownership. However, it may be necessary in order to claim remedies in the event of infringement.
Registered intellectual property rights described in section A are patents, utility models, industrial designs and distinctive signs. However, regarding trade names, its registry is optional since the protection depends on the use of the sign. In copyright, it is also optional since the ownership of the work is gained with its creation.
Patents, SPCs, utility models, semi-conductor topography, registered designs, plant varieties and Trademarks.
Trademarks, patents, (registered) design rights, supplementary protection certificates are registrable. Copyright, trade secrets and the unregistered design right are unregistered 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.
The Trademark rights, Patent rights, Industrial Design rights, Integrated Circuits and Plant Variety protection are registered rights. In case of well-known trademarks, registration is not strictly necessary for enforcement of rights.
Rights in patents, trade marks, geographical indications, designs, and plant breeder’s rights, may be registered.
Patents (utility, design, and patent by the USPTO), registered trademarks (by the USPTO), registered copyright (by the US Copyright Office), and registered mask works are registered rights (by the US Copyright Office).