DOCSLIB.ORG

Utility Model Protection in Pakistan an Option for Incentivising Incremental Innovation

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Utility Model Protection in Pakistan an Option for Incentivising Incremental Innovation Utility Model Protection in Pakistan An Option for Incentivising Incremental Innovation Dr. Henning Grosse Ruse–Khan Senior Research Fellow, Max Planck Institute for Intellectual Property and Competition Law in cooperation with Mr. Ahmad Mukhtar as the national expert This paper was commissioned by the World Intellectual Property Organization (WIPO) under the second European Union-Pakistan Trade Related Technical Assistance (TRTA-2) Program. The views expressed in this work are those of the author in his/her personal capacity and do not necessarily represent the positions or opinions of the Secretariat of the World Intellectual Property Organization, its Member States or the funding institution. page 2 OUTLINE 1. Introduction a. Tasks assigned i. Contextual Background ii. Principal Tasks b. Methodology 2. Overview of Legal and Economic Aspects of Utility Model Protection a. International Legal Framework i. The Paris Convention ii. The WTO TRIPS Agreement iii. Free Trade, Economic Partnership, and International Investment Agreements iv. Key Aspects of Policy Space for Designing Domestic Protection b. Legal Aspects of Utility Model Protection i. Common Elements amongst National Systems ii. Main Areas of Divergence c. Economic Aspects and Policy Considerations of Utility Model Protection i. Economic Rationale 1. Incentives for Minor and Incremental Innovation 2. Incentives for Small and Medium Sized Enterprises (SMEs) 3. Encouraging Local Innovation ii. Costs and Disadvantages 1. Legal Uncertainty and Wasteful Litigation 2. Blocking the Public Domain and Preventing Technological Learning by Imitation iii. Specific Considerations for Developing Countries 1. Domestic Innovation below the Patent Level 2. Degree of Copying and Imitation in Sub-Patentable Innovation 3. Alternative Protection Regimes 4. Domestic IP Infrastructure (IP Offices, Courts, Professionals) 3. Key Features of Utility Model Protection in Selected Jurisdictions and Relevant Country Experiences a. Developed Countries i. Germany 1. History of Utility Model Protection in Germany 2. Protection under the Current System 3. Checks and Balances 4. Empirical Data and Economic Impact ii. Australia 1. History of Second-tier Protection in Australia 2. Main Features of the Current Innovation Patent System 3. Empirical and Economic Analysis b. Developing Countries, especially in Asia i. China 1. The wider Economic and Innovation Context 2. History of Utility Model Protection in China 3. The Main Features of Utility Model Protection 4. Empirical and Economic Analysis ii. Malaysia 1. History of Innovation Patents in Malaysia page 3 2. Main Features of Innovation Patent Protection 3. Empirical Findings and Economic Impact 4. Reasons For and Against Introducing Utility Model Protection in Pakistan a. The relevant Economic Situation & Technological Developments in Pakistan i. Pakistan as an IP Importing / Exporting Country ii. Which domestic industries (especially SMEs) engage in small scale or incremental innovative activities? iii. Is copying or imitation an issue in these industrial sectors which functions as disincentive? iv. How can relevant industries benefit from a system of legal protection for small scale / incremental innovation? v. Further (external) factors affecting the Operation of a Utility Model System: SMEs familiarity with IP issues (IP culture), rule of law, good governance, other relevant facts on the ground) b. The Local IP Infrastructure i. The Pakistani IP Office ii. Courts Dealing with IP Cases iii. Professionals (Lawyers, Patent Attorneys) c. Reasons for Introducing a Utility Model System i. Any relevant incentives for minor and incremental innovation? ii. Any relevant incentives for SMEs? iii. Can local innovation be encouraged by utility model protection? d. Reasons Against a Utility Model System in Pakistan i. Is there a significant threat of legal uncertainty and wasteful litigation due to introducing utility model protection? ii. Is there a realistic danger of blocking the public domain and/or preventing ongoing technological learning by imitation? 5. Recommendations a. A tailored Utility Model System suited to the Needs of Pakistan i. The Rationale for Introducing Utility Model Protection ii. Registration versus Examination System iii. Scope of Utility Model Protection 1. The Essential Object of Protection: Invention or Form? 2. Exclusion of Products from certain Fields of Technology and/or Processes 3. Limiting Protection to Inventions embodied in Working Tools and other Three-Dimensional Models or Objects? 4. Conditions for Protection (Novelty, Inventive Step) iv. Exceptions and Limitations (including compulsory licensing & duration of protection) v. Checks and Balances in the Enforcement System vi. Embedding Utility Model Protection in the IP Infrastructure of Pakistan (role of IP office, courts, IP professionals; awareness raising campaigns towards potential beneficiaries) page 4 b. Alternatives to Utility Model Protection in the Pakistani Context i. Retaining the Status Quo ii. Lowering the Thresholds for Patent Protection iii. Trade Secret Protection iv. Protection against Unfair Competition / Passing-Off Tort v. Industrial Design Protection Annex: Survey Questionnaire: Utility Model System in Pakistan page 5 1. Introduction a. Tasks assigned This section briefly describes the tasks assigned to us as consultants to prepare this analytical paper on the feasibility of introducing a system of utility model protection in Pakistan. It mainly reproduces the contextual background and principal tasks as described in the terms of reference agreed to by WIPO and the consultants. i. Contextual Background In the second phase of the Trade Technical Assistance Program (TRTA-II) for Pakistan, the lead implementing agency UNIDO selected WIPO and the International Trade Centre (ITC) as partner implementing agencies. UNIDO has signed a Contribution Agreement with WIPO to implement the Component of the Program relating to intellectual property (IP) in accordance with the Inception Report that was approved on September 30, 2010 by the Program Steering Committee (PSC) in Islamabad, Pakistan. Implementation of the Component 3 is planned to be completed by end of 2013. Component 3 activities are aimed at strengthening of the intellectual property rights (IPR) system and are grouped into the following four clusters: - Strengthening of IP Institutions - Strengthening IP Legislative and Policy Framework - Improving Enforcement of IPRs - Increasing Use of the IP System by Businesses and Research Institutions One of the activities under the cluster of “Strengthening IP Legislative and Policy Framework” is the preparation of an analytical paper on the protection of utility models in Pakistan. There is increasing interest in Pakistan the possibility of using utility models (or petty patents) to encourage incremental innovation. Such innovation is especially evident in the light engineering sector (e.g. in the automotive sector, agricultural machinery, machine tools). However, this small scale innovation is seldom recognized, let alone economically rewarded. Utility models could provide the necessary protection and economic incentive to promote innovation at this level. Utility models could also facilitate greater awareness and use of the patent system by local inventors. ii. Principal Tasks To assist the national authorities in their consideration of issues related to the protection of utility models, the International Consultant shall: 1. Prepare a paper on Protection of Utility Models in Pakistan. The paper shall include the following elements: (i) An overview of the legal and economic aspects of utility models; (ii) Key features of utility models legislation in certain countries having utility models protection, and the experience of these countries in the use of utility models; (iii) Reasons for introduction, or non-introduction, of utility models protection in Pakistan, taking into account the country’s level of economic and technological development; and (iv) Recommendations on further action, including on alternatives to utility models protection. page 6 2. The International Consultant shall carry out other activities as may be deemed necessary, and as may be requested by WIPO in order to help achieve the objectives of this exercise. 3. The International Consultant shall be assisted by a National Consultant who shall primarily be responsible for providing relevant national data/information, as required. 4. The International Consultant shall submit to WIPO an initial outline of the Paper within two weeks of accepting this assignment. A first draft of the Paper shall be submitted within ten weeks of submission of the outline. The final text of the Paper shall be submitted within three weeks of receiving comments/inputs from WIPO and the national authorities on the draft paper. The National Consultant assists the International Consultant in the preparation of paper by: (i) Providing relevant, Pakistan specific background information and documentation that may be required by the international consultant; (ii) Identifying, and as required, arranging telephonic interviews, with relevant officials/stakeholders whose views/comments may need to be taken into account in finalizing the paper; (iii) Circulating any questionnaires to stakeholders, and facilitating completion of such questionnaires; and (iv) Clarifying any questions and issues pertaining to Pakistan’s intellectual property and economic situation that may arise in the course of preparing the paper. b. Methodology
Load more

Recommended publications
  • Foreign Filing After US Patent Application
    Invention-Con 2017 - International 2 Protection - Patents International Protection: Patents Presented By: Robin Hylton Session on International Protection: Patents • Patent Protection Outside the United States • Paris Convention Basics • Patent Cooperation Treaty Basics • Global Dossier at the USPTO Invention-Con 2017 - International 4 Protection - Patents Patent Protection Outside the United States Invention-Con 2017 - International 5 Protection - Patents Foreign Patent Protection • Patent protection can be an important part of overall business strategy in today’s global marketplace • In general, patent rights are territorial in nature • Protect against infringing activities occurring within the country or region in which the patent was granted • To obtain patent rights in foreign countries, U.S. applicants must apply for a patent in each country or region of interest • A world-wide patent does not exist Invention-Con 2017 - International 6 Protection - Patents Business Considerations in Filing Foreign Patent Applications • Business considerations • Exclusive rights • Return on investment • Opportunity to license or sell the invention • Increase in negotiating power • Positive image for business • Patent procurement and maintenance costs • In 2002, GAO estimated costs of between $160,000 to $330,000 for obtaining and maintaining patents in 9 countries • France, Germany, Italy, Ireland, Sweden, United Kingdom, • Canada, Japan, & South Korea Invention-Con 2017 - International 7 Protection - Patents Legal Considerations in Filing Foreign Patent Applications • Patent law considerations • Standards of patentability in country/region • Patentable subject matter differences • Prior art differences • Grace periods • Geographical restrictions • First-to-file • Utility model protection • Patent enforcement laws • Does the country/region have effective laws and procedures for enforcing the patent? Invention-Con 2017 - International 8 Protection - Patents Who Grants Patents? • National patent offices • E.g., USPTO, JPO, KIPO, etc.
    [Show full text]
  • Basic Questions About Patents and Utility Models If You Have an Patents Or Utility Models, Register It
    6 Basic Questions about Patents and Utility Models If you have an patents or utility models, register it. The purpose of this brochure is to present frequently asked questions and their answers regarding Patents and Utility Models. 5 major areas The topics have been grouped into five major areas: 01. Purpose and duration 02. Procedure 03. Ownership and transfer 04. Searches 05. Protection abroad Patent owners must descri- be their inventions so that a normal expert in the field may process them. 01 Purpose and duration 1. What is a patent? What is a utility model? Patent and the utility models are titles granted by the State that give inventors the exclu- sive right to temporarily prevent others from manufacturing, selling or making commercial use of the protected invention in Spain. 2. What are the main obligations of a patent or utility model rights holder? In exchange for a monopoly over commercial use, rights holders are obliged to describe their inventions so that a normal expert in the field may duly process them. They have the further obligation to commercialize the patent or utility model, either directly or through a person they authorize to do so. 3. Is it compulsory to commercialize a patent or utility model? Patent holders are obliged to commercialize inventions directly or through a person they authorize, commercializing them in Spain or in a member state of the World Trade Organ- ization. Such commercialization must be carried out within a period of four years from the date of submission of the patent application, or three years from the date of publication of its granting (whichever expires later).
    [Show full text]
  • Income Hiding and Informal Redistribution: a Lab-In-The-Field Experiment in Senegal
    Income Hiding and Informal Redistribution: A Lab-in-the-Field Experiment in Senegal Marie Boltz,∗ Joint with Karine Marazyan,† Paola Villar‡ § Job Market Paper November, 2015 - Latest version here Abstract This paper estimates the hidden cost of informal redistribution in economies where people heavily rely on their social networks and have limited access to financial markets. It is based on a lab-in-the- field experiment conducted in Senegal which uniquely combines a small-scale randomized controlled trial (RCT) and a lab experiment. The lab component allows us to estimate the cost of this informal redistribution, by eliciting the willingness-to-pay to hide income, and to identify the relevant popu- lation: two-thirds of the experiment participants are ready to forgo up to 14% of their gains to keep them private. Based on the RCT component, we find that giving people fearing the redistributive pressure the opportunity to hide allows them to decrease by 27% the share of gains they to kin as measured out of the lab. They reallocate this extra money to health and personal expenses. This is the first paper to both identify the individual cost of this informal redistribution and to relate it to real-life resource-allocation decisions in a controlled setting. JEL Classification: D13, D14, D31, C91, C93, O12 Keywords: informal redistribution, income observability, intra-family resource allocations, lab experiment in the field, Sub-Saharan Africa. ∗Paris School of Economics (PSE); Address: PSE, bureau A113, 48 boulevard Jourdan, 75014 Paris; e-mail: [email protected] †University of Paris 1 - IEDES - UMR “Developpement et Societes” ‡Institut National d’Etudes Demographiques (INED), Paris School of Economics (PSE) §The authors are thankful to the CEPREMAP, the PSE Research Fund, the Sarah Andrieux Fund, the Chair G-Mond, the IRD, and the UMR Développement et Société, for their financial support for this research project.
    [Show full text]
  • A Comparative Analysis of the Utility Model Patent Systems in Europe and China
    Creating a “model” utility model patent system A comparative analysis of the utility model patent systems in Europe and China WWW. IPKEY.ORG Creating a “model” utility model patent system: A comparative analysis of the utility model patent systems in Europe and China Dan Prud’homme December 2014 Abstract: Although it is difficult to create an optimal “model” of the exact types of every aspect of every country’s utility model patent system, this study illustrates that it is possible to create a useful legal, policy, and institutional framework based upon an understanding of the statutory, procedural, and institutional composition of utility model systems in Austria, China, the Czech Republic, Finland, France, Germany, and Italy; reasons behind the composition, including any revisions to, these systems; and usage of the systems. It also briefly discusses relevant experiences of Belgium and the Netherlands. Keywords: utility model patent systems, comparative analysis, Europe, China, substantive law, procedural law, institutions, patent quality, innovation ABOUT THIS STUDY, AND ACKNOWLEDGEMENTS This study is part of an ongoing activity on utility model patent (hereafter abbreviated as “utility model”) systems under the “IP Key” Project (short for “Intellectual Property: A Key to Sustainable Competiveness”) – a three-year project with multiple activities every year, running from 2013-2016. The project is funded by the European Commission and the Office for Harmonization in the Internal Market (OHIM), and implemented by OHIM with support from the European Patent Office (EPO). It serves as the vehicle for implementing the Administration Agreement on the New EU-China Cooperation on Intellectual Property signed in July 2013 between the European Union and the Government of the People’s Republic of China.
    [Show full text]
  • PCT Newsletter, April 2018
    www.wipo.int/pct/en April 2018 | No. 04/2018 PCT Patent Prosecution Highway (PCT-PPH) Pilot Programs New two-way PCT-PPH pilot program (National Institute of Industrial Property (Chile) – State Intellectual Property Office of the People’s Republic of China) On 1 January 2018, a new two-way PCT-PPH pilot program started between the National Institute of Industrial Property (Chile) and the State Intellectual Property Office of the People’s Republic of China) (SIPO). Under this program, accelerated processing in the national phase in one country is available on the basis of a PCT application with a positive written opinion from either the International Searching Authority (ISA) or the International Preliminary Examining Authority (IPEA), or a positive international preliminary report on patentability (IPRP) (Chapter II) (that is, where at least one of the claims has been determined as patentable), issued by the Office of the other country in its capacity as ISA/IPEA. Further information on the above-mentioned PCT-PPH agreements is available at: https://www.inapi.cl/portal/publicaciones/608/w3-article-11454.html http://www.sipo.gov.cn/ztzl/zlscgslpphzl/pphzn/1110649.htm Extension of existing PPH pilot program to include PCT work products (Intellectual Property Office of Singapore – SIPO) The already-existing PPH pilot program between the Intellectual Property Office of Singapore and SIPO was extended to include the use of PCT work products on 1 September 2017. This means that accelerated processing in the national phase in one country is available on the basis of a PCT application with a positive written opinion from either the International Searching Authority (ISA) or the International Preliminary Examining Authority (IPEA), or a positive international preliminary report on patentability (IPRP) (Chapter II) (that is, where at least one of the claims has been determined as patentable), issued by the Office of the other country in its capacity as ISA/IPEA.
    [Show full text]
  • Intellectual Property Rights Protection and Export Diversification: the Application of Utility Model Laws
    WTO Working Paper ERSD-2014-19 Date: 24 October 2014 World Trade Organization Economic Research and Statistics Division Intellectual Property Rights Protection and Export Diversification: the Application of Utility Model Laws Kimm Gnangnon and Constance Besse Moser Manuscript date: August 2014 Disclaimer: This is a working paper, and hence it represents research in progress. This paper represents the personal opinions of individual staff members and is not meant to represent the position or opinions of the WTO or its Members, nor the official position of any staff members. The authors would like to express their warm thanks and gratitude to Kyoung Kim, Keun Lee, Ginarte Park and Kineung Choo for having accepted to share with them the database used in their study. Without this database, this study would not have been performed. Thanks also to Annet Blank, Marc Bacchetta, Cosimo Beverelli, and Lanz Rainer for their very helpful comments on an earlier version of this paper. Any errors or omissions are the fault of the authors. Division Development, World Trade Organization, rue de Lausanne 154, CH-1211 Geneva 21, Switzerland. 1 Intellectual Property Rights protection and Export Diversification: the application of Utility Model Laws Kimm Gnangnon1 and Constance Besse Moser2 Abstract We examine in this paper the impact of the tightening of IPRs, notably patents rights, and the adoption of utility model laws on export diversification. To perform our analysis, we used panel data covering 89 developing and developed countries (of which 55 developing countries) over the period 1975 – 2003, and Lewbel (2012)'s instrumental variable technique. Our results lead us to conclude that for developing countries, legal protection for minor and adaptive inventions could be a springboard for further strengthening of IPRs protection in spurring export diversification, which is essential for the structural change needed for their economic development.
    [Show full text]
  • NREL and the Quality Assurance Framework for Minigrids Tim Reber National Renewable Energy Laboratory
    NREL and the Quality Assurance Framework for Minigrids Tim Reber National Renewable Energy Laboratory November 14, 2018 Dakar, Senegal NREL’s Multilateral and Bilateral Initiatives in Africa NREL Initiatives in Africa 21st Century Power Partnership (21CPP) Department of State, DOE Africa LEDS Project European Commission *Clean Energy Solutions Center (CESC) DOS, DOE, Australia, Power Africa, others Enhancing Capacity for Low Emission Development Strategies (EC-LEDS) * Initiatives USAID engaged in mini- Leadership Compact grid activities Department of State, Hewlett *LEDS Global Partnership (LEDS GP) Department of State, GIZ, and many others *Power Africa Beyond the Grid (BTG) Technical Support Power Africa 2 The Utility Model Business models for commercially viable utilities must address the needs of the three key stakeholder groups: o Customer: Need guarantee of service that they are willing and able to pay for o Power Suppliers: Need to cover operating costs while providing return to investors o Investors: Need to understand and be confident of the risks they are taking 3 The Mini-grid “Utility” Model Utility model breaks down in the case of rural electrification as a result of three main challenges: o High cost of power provision to remote communities Impacts customer ability and willingness to pay o Lack of consistent cash flows from customers Impacts power supplier ability to cover costs and provide returns o Poorly understood investment risk profile Impacts investor confidence in market risks 4 A Mini-grid Quality Assurance Framework (QAF) Offer structure and transparency for mini- grid sector, based on successful utility models, that still reflects the diverse needs and requirements of off-grid consumers.
    [Show full text]
  • WIPO IP Facts and Figures 2019
    and Figures 2019 WIPO IP Facts WIPO 2019 WIPO IP Facts and Figures 2019 WIPO IP Facts and Figures 2019 Except where otherwise indicated, this work is licensed under the Creative Commons Attribution 3.0 IGO License. The user is allowed to reproduce, distribute, adapt, translate and publicly perform this publication, including for commercial purposes, without explicit permission, provided that the content is accompanied by an acknowledgement that WIPO is the source and that it is clearly indicated if changes were made to the original content. Adaptation/translation/derivatives should not carry any official emblem or logo, unless they have been approved and validated by WIPO. Please contact us via the WIPO website to obtain permission. For any derivative work, please include the following disclaimer: “The Secretariat of WIPO assumes no liability or responsibility with regard to the transformation or translation of the original content.” When content published by WIPO, such as images, graphics, trademarks or logos, is attributed to a third-party, the user of such content is solely responsible for clearing the rights with the right © WIPO, 2019 holder(s). World Intellectual Property To view a copy of this license, please visit: Organization https://creativecommons.org/licenses/by/3.0/igo/ 34, chemin des Colombettes P.O. Box 18 The designations employed and the presentation of material CH-1211 Geneva 20 throughout this publication do not imply the expression of any Switzerland opinion whatsoever on the part of WIPO concerning the legal status of any country, territory or area or of its authorities, or concerning the delimitation of its frontiers or boundaries.
    [Show full text]
  • The Utility Model – an Effective Tool in Global Patent Portfolio Protection
    lion.4 While the dollar amounts might seem small in comparison to patent litigation in the Utility Model – An the U.S., the Chint case has been described as one of the largest patent damages ver- effective tool in Global Patent dicts in China to date. when tO Use A Utility MOdel Portfolio Protection there are a number of situations when a company should consider filing for one or By Patrick Jewik Germany, Japan, taiwan, Korea, and France. Countries such as the United States, more utility models. Below is a discussion united Kingdom and the Netherlands have of the circumstances when utility models patents, but do not have utility models. should be considered. different countries that allow for utility Immediate and comprehensive protection is model protection may have different terms important. of protection. They may also have different In many countries, the patent process standards for validity (e.g., different levels can easily take three to five years (or more) of inventiveness or different prior art stan- before a patent is issued. This is simply too dards) than what they have in place for pat- long for many industries, where the first to s global commerce increases and intel- ents.3 Both of these are detailed in Table 2. market determines the viability of a com- lectual property budgets shrink, com- like regular patent applications, utility pany. Many inventions can be commercial- A panies and organizations should look model applications may be filed as national ized shortly after conception (or may have at different approaches in protecting their phase filings of Pct (Patent cooperation a short commercial lifetime).
    [Show full text]
  • Appropriate Intellectual Property Protection and Economic Growth in Countries at Different Levels of Development
    Manuscript Click here to view linked References Appropriate Intellectual Property Protection and Economic Growth in Countries at Different Levels of Development Yee Kyoung Kim Seoul National University and American University Keun Lee Seoul National University Walter G. Park* American University Abstract: This paper provides an empirical analysis of the extent to which stronger intellectual property rights (IPRs) influence economic growth, controlling for other factors. Patent protection is found to have differential effects on developed countries and developing countries. Patent rights have a positive influence on the incentive to innovate in developed countries but a statistically insignificant one in developing countries. However, a second- tier form of IPR – namely utility model patents (or petty patents) – does have a positive influence on developing country innovation and growth. Thus the results indicate that patent protection enhances innovation, and ultimately economic growth, in countries where the capacity to conduct innovative R&D exists. Where this capacity is weaker, a system of IPRs that protects minor, incremental inventions is more conducive to innovation, technological diffusion, and economic growth. The significance of this paper is to help shift the focus of the debate away from the strength of IPRs to the appropriate types of IPR for economic development. Acknowledgements: The authors would like to thank Byung-Yeon Kim. An earlier version of this paper was presented at the International Conference organized by the Korean Economic Association, held on August 2006, Seoul, Korea. * Corresponding author 1 1. Introduction This paper addresses the role of intellectual property rights (IPRs) in the economic growth of countries at different levels of economic development.
    [Show full text]
  • Intellectual Property Rules Update Summaries Update Summary
    Intellectual Property Rules Update Summaries Update Summary January 22, 2021: The following new Rules Sets were created: Utility Model: Panama Industrial Design: Serbia The following Rules Sets were removed: No Rules Sets were removed. The following Rules Sets were renamed: No Rules Sets were renamed. The following Rules Sets were revised: Patent: Liechtenstein Industrial Design: Liechtenstein Trademark: Liechtenstein Patent: Romania Industrial Design: Romania Utility Model: Romania Trademark: Romania Patent: Switzerland Industrial Design: Switzerland Trademark: Switzerland Trademark: Trinidad and Tobago Update Summary December 18, 2020: The following new Rules Sets were created: Industrial Design: El Salvador Utility Model: El Salvador The following Rules Sets were removed: No Rules Sets were removed. The following Rules Sets were renamed: No Rules Sets were renamed. The following Rules Sets were revised: Patent: Bosnia and Herzegovina Industrial Design: Bosnia and Herzegovina Trademark: Bosnia and Herzegovina Patent: Czech Republic Industrial Design: Czech Republic Utility Model: Czech Republic Trademark: Czech Republic Utility Model: Germany Trademark: Germany Patent: Luxembourg Patent: Saint Kitts and Nevis Trademark: Saint Kitts and Nevis Patent: Tunisia Trademark: Tunisia Update Summary November 20, 2020: The following new Rules Sets were created: Industrial Design: Chile Utility Model: Chile The following Rules Sets were removed: No Rules Sets were removed. The following Rules Sets were renamed: No Rules Sets were renamed. The following
    [Show full text]
  • Patent Cooperation Treaty (PCT) – a Foreign Filing License from the USPTO May Be Required, If Filing in a Foreign Receiving Office
    Strategies for Filing Internationally: Including the PCT and the Hague System for Industrial Designs Layla Lauchman 14 March 2017 March, 2017 1 What is a Patent? • Property Right – Right to exclude others from making, using, selling, offering for sale or importing the claimed invention – Limited term – Territorial – protection only where patent granted • Exchange – Inventor discloses the invention in exchange for the opportunity to receive the patent grant and its associated rights March, 2017 2 Who Grants Patents? • National patent offices – E.g., USPTO, JPO, KIPO • Regional patent offices – Grants patents with effect in some or all member countries • European Patent Office (EPO) • Eurasian Patent Convention (EA) • African Regional Intellectual Property Organization (ARIPO) • African Intellectual Property Organization (OAPI) • Patent Office of the Gulf Cooperation Council (GCC) March, 2017 3 Regional Patent Offices AP (ARIPO) EP (EPO) OA (OAPI) BW Botswana AL Albania IS Iceland BF Burkina Faso AT Austria IT Italy BJ Benin GH Ghana BE Belgium LI Liechtenstein CF Central African Rep. GM Gambia BG Bulgaria LT Lithuania CG Congo KE Kenya CH Switzerland LU Luxembourg CI Côte d’Ivoire LS Lesotho CY Cyprus LV Latvia CM Cameroon MW Malawi CZ Czech Republic MC Monaco GA Gabon MZ Mozambique DE Germany MK Macedonia GN Guinea NA Namibia DK Denmark MT Malta GQ Equatorial Guinea SD Sudan EE Estonia NL Netherlands GW Guinea-Bissau SL Sierra Leone ES Spain NO Norway ML Mali FI Finland PL Poland MR Mauritania SZ Swaziland FR France PT Portugal NE Niger TZ United Republic of Tanzania GB United Kingdom RO Romania SN Senegal UG Uganda GR Greece RS Serbia TD Chad ZM Zambia HR Croatia SE Sweden TG Togo ZW Zimbabwe HU Hungary SI Slovenia IE Ireland SK Slovakia EA (EA) SM San Marino GC (GCC) TR Turkey AM Armenia BL Bahrain AZ Azerbaijan KW Kuwait BY Belarus EP (EPO) Extension Countries OM Oman KG Kyrgyzstan QA Qatar BA Bosnia and Herzegovina KZ Kazakhstan ME Montenegro SA Saudi Arabia MD Moldova AE United Arab Emirates RU Russian Fed.
    [Show full text]