Industrial Property Rights Overview

Extract

[...] Commercial Law - Industrial Properties Introduction : > Industrial property rights (patents, designs and models, trademarks) share several fundamental characteristics that distinguish them from ordinary real rights while bringing them closer to copyright rights Common characteristics of the entire industrial property rights : - Intangible object - Monopoly granted Grants the holder a monopoly of exploitation - Customer rights The customer will be attracted by this brand, this emblem - Limited duration (20 years patent or 10 years utility certificate) Fundamental economic importance > It is essential to know that in the international sphere, property rights are protected by numerous international conventions : - Paris Convention for the Protection of Industrial Property (1883) - European Patent Office Ensures that patents are protected within the union's territory - In 2015, European mark Regulation ensures that marks can be used on the territory of the union The goal is to deploy marks internationally, while protecting rights) > In France : They are mentioned in the individual property code Patent > Patents of invention are not new things These protections have existed since the law of January Recognizing the ownership of the invention and the exploitation monopoly allows to favor the desire for progress, scientific research, science, and technology > 20-year monopoly for a patent and 10 years for the certificate of utility (lighter filing, lighter examination) Allows research to evolve through competition > Conditions for patentability (condition for an invention to be patentable): - Novelty No prior filing before - Inventive activity It should not be an obviousness, invention for someone in the trade - Industrial application It must be applicable, translated into practice in industry - Conformity to public order > There are certain innovations that are excluded from the field of patentability: They are mentioned in the code of individual property - Basic Research Scientific theories, intellectual activities (example: a mathematical formula) - Special Protection Regimes Certain creations are directly protected by other mechanisms, other texts and therefore no patent (Example: intellectual property) - Moral and Ethical Exclusion Everything that attracts to biotechnology when ethical problems occur (Example: product affecting the human body) > Once an invention that meets the criteria and is not excluded from the scope of patentability has been discovered Procedure for granting patents in several stages : - Prior filing of the invention made by the inventor or a right holder - Search phase carried out by the INPI (National Institute of Industrial Property): we check if there is no infringement, etc . [...]