Which of the intellectual property rights described in questions 1-3 are registered?
The IP rights over patents, utility models, trademarks, geographical indications, industrial designs and topology of the integral circuits are registered rights. The IP holder must complete a registration procedure before the respective Patent Office (e.g. Bulgarian Patent Office for national registration, the European Intellectual Property Office for European registration, etc.)
Patents, Trade Marks, Geographical Indication and Industrial Design.
The registered intellectual property rights are: patents, SPC’s, trademarks and collective marks, designations of origin, geographical indications and traditional speciality guarantees, Benelux and registered Community designs, and plant variety rights.
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.
The registered rights among the intellectual property rights described above are patents, industrial designs, utility models, layout designs of integrated circuits, trademarks, and copyrights.
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, utility models, semiconductor topography rights, registered trade marks, registered design rights and plant variety rights.
Patents, supplementary protection certificates, trademarks, designs, semiconductor topography rights, POA/PGI and domain names.
Inventions and utility models, industrial designs, trademarks, geographical indications, semiconductor topography rights and plant varieties. Copyright registration is voluntary and can be performed upon request of its owner.
Trademarks, geographical indications and traditional product names, designs, patent rights and utility model rights are registered rights.
- Trade Name
- Design right
- Plant Variety Right
Patents & Utility Models
Copyrights: A work protected by copyright can be registered before the Copyright Registry, although the registration is optional and just grants a presumption of the existence of the rights in a given date and the registered holder's ownership.
Patents, supplementary protection certificates, trademarks, association marks, certification marks, hallmarks, designations of origin, geographical indications, design, plant varieties.
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, 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.