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Subregional capacity -building conference on economic aspects and enforcement of IP

Protection of in the Republic of

Lilit Hovumyan, Chief expert and industrial design department Agency of the Republic of Armenia

Chi şin ău Republic of 10 November 2011 IntellectualIntellectual PropertyProperty AgencyAgency ofof thethe RepublicRepublic ofof ArmeniaArmenia FormationFormation ofof IPIP agencyagency

 Patent Office Under the Government of the Republic of Armenia - January 1992  National Agency of Copyright - December 1993  Intellectual Property Agency of the Republic of Armenia - 6 of March 2002 (merger of those two organizations) RepublicRepublic ofof ArmeniaArmenia isis aa membermember ofof

 Paris Convention for the Protection of  Agreement Concerning International registration of Marks since 25 December 1991  Protocol to the Madrid Agreement since 19 October 2000  World Intellectual Property Organization (WIPO) since 1993  Eurasian Patent Office (EAPO) since 1995 NationalNational legislationlegislation andand InternationalInternational treatiestreaties onon trademarkstrademarks

 Provisional regulation on trademark - August 1995  Law of Republic of Armenia on trademarks and service marks and of origin - July 1997, March 2000  Law of Republic of Armenia on trademarks – new from July 2010 harmonized with the EU directives and TRIPS  Madrid Agreement Concerning International registration of Marks 25 December 1991  Protocol to the Madrid Agreement October 2000 ExclusiveExclusive rightright ofof trademarktrademark ownerowner

May prevent third parties, without his consent, to use any sign in the course of trade which: 1. is identical to the registered trademark and is used in relation to goods and/or services for which the trademark is registered; 2. is identical or similar to the registered trademark, which is used in relation to the goods and/or services which are identical or similar to the goods and/or services for which the trademark is registered, where the use of such sign creates a likelihood of confusion on the part of public, including association with the registered trademark; 3. is identical or similar to the trademark registered for other goods and/or services, where the latter has a reputation in the Republic of Armenia and the use of that sign would cause unfair advantage for the trademark or be prejudicial to the distinctive feature or the reputation of the trademark. OwnerOwner ofof TMTM maymay preventprevent thirdthird partiesparties fromfrom

 affixing the sign on the goods or on the packaging thereof;  offering the goods, their sale or storage for these purposes, or offering services under that sign;  importing or exporting goods under that sign;  using the sign on documents and in advertising;  using the sign on the Internet or on other global computer telecommunication networks, including Internet domains;  reproducing, storing or selling of the goods for abovementioned purposes. StatisticalStatistical datadata onon registeredregistered TMTM 20102010 www.aipa.am

 by national procedure 1959 applications  national applicants 1266 about 65%  via 3270 notifications  registered trademarks 1499  national owners 926 about 62%  national applicants via Madrid system 29 TrademarksTrademarks ApplicationsApplications filedfiled

national applicants foreign applicants under the Madrid agreement RegisteredRegistered TrademarksTrademarks

national applicants foreign applicants AccordingAccording toto thethe LawLaw onon TrademarksTrademarks

“If an agent or representative of the owner of the trademark or any other person, which is protected in one of member states of Paris Convention has filed an application of registration without permission of the trademark owner the latter is entitled to oppose the registration for the claimed trademark or demand its cancellation or the assignment of that trademark in his favor, unless such agent, representative or other person justifies his/her action”. PublicationPublication ofof thethe Application,Application, ThirdThird PartyParty RemarksRemarks andand OppositionsOppositions

 Publication of the application in the “Industrial Property” Official Bulletin On the basis of the decisions on publication of the application and carrying out substantive examination within a period of one month following the day of the decision.  Written remark from third party within a period of two months following the publication of the application, against the registration of the claimed trademark.  IPR owner may present a written opposition within a period of two months following the publication of the application to the State Authorized Body against the registration of the claimed trademark.  within a period of five days after receiving the remark applicant is notified about remark. ProblemProblem withwith IPRIPR infringementinfringement ExampleExample

«Beko Plc» against BEKO - «Ed-Spo»Ltd, «Grundig multimedia B.V.» against GRUNDIG -«Ed- Spo» Ltd, «Hennes & Mauritz AB» against H&M - «Malena» Ltd «KALLEH» applied by national applicant - Persian company "KALLEH DAIRY CO" advertised on http://www.kalleh.com. «BELIY KLYUCH» (in russian) international notification - “Rosspirtprom” OOO advertised on www.rosspirtprom.ru . ProblemsProblems

 not efficient management of intellectual property objects  low level of awareness of the public about intellectual property (lack of knowledge of the laws)  lack of specialized court system or at least judges specialized in IP field ThankThank YouYou forfor YourYour Attention!Attention!