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1. Legal Framework

1.1. Laws and Regulations

 

•          Copyright and Neighboring Rights Act.

•          Patents and Registration of Utility Models Act.

•          Marks and Geographical Indications Act.

•          Industrial Design Act

•          Topography of Integrated Circuits Act

•          Protection of New Plant Varieties and Animal Breeds Act

•          Different Regulations on drafting up, filing and examination of corresponding objects of Industrial Property.

 

1.2. EU legislation

 

•          Council Regulation (EC) No 1383/2003 of 22 July 2003 concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights.

•          Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark.

•          Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs.

•          Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products.

 

1.3. Legal Definitions

 

The copyright over literary, artistic and scientific works arise for the author with the creation of the literary, artistic and scientific work.

 

According to the Patents and Registration of Utility Models Act patents are granted for inventions from all area of the technics which are new, have inventive step and are industrially applicable.

 

Utility models are granted legal protection by their registration with the Patent Office. Utility models are registered if they are new, industrially applicable and have inventive step.

 

The discoveries, scientific theories and mathematical methods, results from artistic work, schemes, rules and methods of intellectual activity, for playing games or doing business, computer programs as such, or presentation of information are not regarded as inventions.

 

The following objects are not patentable: (i) invention the exploitation of which would be contrary to the public order or morality; (ii) methods for treatment of human or animal body by therapy or surgery, as well as diagnostic methods practiced on the human or animal body. This provision is not related to products, in particular substances or compositions used in these methods; (iii) plant varieties or animal breeds or essentially biological processes for obtaining them. This provision does not apply to microbiological methods and the products thereof.

Mark - a sign which is capable of distinguishing the goods or services of one person from those of other persons, and which can be presented graphically. Such signs can be words, including names of persons, letters, numerals, drawings, figures, the shape of the products or the packing thereof, combination of colors, sound signs or any combinations of such signs.

 

Geographical indications means appellations of origin and indications of source.

 

Industrial Design is the appearance of the whole or a part of a product resulting from the specific features of the shape, lines, contours, ornamentation, colours or combination thereof. Product means any industrial or handicraft item, including parts intended to be assembled into a complex item, sets or composition of items, packaging, graphic symbols and typographic typefaces.