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Industrial Design Rights In The European Union
Industrial design rights in the European Union are provided at both the Union level by virtue of the Community design and at the national level under individual national laws. Eligible designs A design is defined as "the appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture and/or materials of the product itself and/or its ornamentation". Designs may be protected if: *they are ''novel'', that is if no design identical or differing only in immaterial details has been made available to the public; *they have ''individual character'', that is the "informed user" would find the overall impression different from other designs which are available to the public. Where a design forms part of a more complex product, the novelty and individual character of the design are judged on the part of the design which is visible during normal use. Designs are not protected insofar as their appearance is wholly d ...
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Industrial Design Rights
An industrial design right is an intellectual property right that protects the visual design of objects that are purely utilitarian. An industrial design consists of the creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in three-dimensional form containing aesthetic value. An industrial design can be a two- or three-dimensional pattern used to produce a product, industrial commodity or handicraft. Under the Hague Agreement Concerning the International Deposit of Industrial Designs, a WIPO-administered treaty, a procedure for an international registration exists. To qualify for registration, the national laws of most member states of WIPO require the design to be novel. An applicant can file for a single international deposit with WIPO or with the national office in a country party to the treaty. The design will then be protected in as many member countries of the treaty as desired. Design rights started in the United Kingd ...
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Priority Date
Priority date is a United States immigration concept – it is the date when a principal applicant first reveals his or her intent of immigration to the US government. For family-sponsored applicants, the priority date is the date an immigration petition, filed on behalf of him or her, is received by the United States Citizenship and Immigration Services (USCIS). For employment-based immigration beneficiaries, the priority date is the date an immigration petition is filed at USCIS, under categories where a labor certification is not required, or when the United States Department of Labor receives a labor certification application, under categories where a labor certification is required. In all cases, the priority dates are not established until USCIS approves the immigration petition. The date establishes one's place in the queue for a family-sponsored or employment-based or permanent residency permit (also known as "green card") application. The United States Department of Stat ...
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Japanese Design Law
Japanese design law is determined by the . Under this Act, only registered designs are legally protected, and it stipulates the procedure for obtaining a design registration in the Japan Patent Office. The protection for unregistered design is provided by . The Act amended in 2019 to expand its scope of protections of graphic images and interior and exterior designs of the architectures, to extend the protection term to 25 years from the filing date, and to accept multiple designs filings. Definitions A design is defined as the following subject matters "which creates an aesthetic impression through the eye";Design Act
Article 2(1) (English translations are based on the act before amendment)
* the shape, patterns or colors, or any combination thereof, of an article (including a part of an article), ...
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World Intellectual Property Organization
The World Intellectual Property Organization (WIPO; french: link=no, Organisation mondiale de la propriété intellectuelle (OMPI)) is one of the list of specialized agencies of the United Nations, 15 specialized agencies of the United Nations (UN). Pursuant to the 1967 Convention Establishing the World Intellectual Property Organization, WIPO was created to promote and protect intellectual property (IP) across the world by cooperating with countries as well as international organizations. It began operations on 26 April 1970 when the convention entered into force. The current Director General is Singaporean Daren Tang, former head of the Intellectual Property Office of Singapore, who began his term on 1 October 2020. WIPO's activities include hosting forums to discuss and shape international IP rules and policies, providing global services that register and protect IP in different countries, resolving transboundary IP disputes, helping connect IP systems through uniform stand ...
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European Union Trade Mark
A European Union trade mark or EU trade mark (abbreviated EUTM; named ''Community Trade Mark'' (''CTM'') until 23 March 2016) is a trade mark which is pending registration or has been registered in the European Union as a whole (rather than on a national level within the EU). The EU trade mark system creates a unified trade mark registration system in Europe, whereby one registration provides protection in all member states of the EU. The EU trade mark system is ''unitary'' in character. Thus, an objection against an EU trade mark application in any member state can defeat the entire application, an EU trade mark registration is enforceable in all member states. The EU trade mark system is administered by the European Union Intellectual Property Office (EUIPO), which is located in Alicante, Spain (see also trade mark law of the European Union). Characteristics The EU trade mark gives its proprietor a uniform right applicable in all member states of the European Union on the ...
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European Commission
The European Commission (EC) is the executive of the European Union (EU). It operates as a cabinet government, with 27 members of the Commission (informally known as "Commissioners") headed by a President. It includes an administrative body of about 32,000 European civil servants. The Commission is divided into departments known as Directorates-General (DGs) that can be likened to departments or ministries each headed by a Director-General who is responsible to a Commissioner. There is one member per member state, but members are bound by their oath of office to represent the general interest of the EU as a whole rather than their home state. The Commission President (currently Ursula von der Leyen) is proposed by the European Council (the 27 heads of state/governments) and elected by the European Parliament. The Council of the European Union then nominates the other members of the Commission in agreement with the nominated President, and the 27 members as a team are then ...
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Hague Agreement Concerning The International Registration Of Industrial Designs
The Hague Agreement Concerning the International Deposit of Industrial Designs, also known as the ''Hague system'' provides a mechanism for registering an industrial design in several countries by means of a single application, filed in one language, with one set of fees. The system is administered by WIPO. Instruments The Hague Agreement consists of several separate treaties, the most important of which are: the Hague Agreement of 1925, the London Act of 2 June 1934, the Hague Act of 28 November 1960 (amended by the Stockholm Act), and the Geneva Act of 2 July 1999.Geneva Act of the Hague Agreement
. WIPO The original version of the Agreement (the 1925 Hague version) is no longer applied, since all states parties signed up to subsequent instruments. The 1934 London Act formally applied between a London act state that d ...
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Paris Convention For The Protection Of Industrial Property
The Paris Convention for the Protection of Industrial Property, signed in Paris, France, on 20 March 1883, was one of the first intellectual property treaties. It established a Union for the protection of industrial property. The convention is currently still in force. The substantive provisions of the Convention fall into three main categories: national treatment, priority right and common rules. Contents National treatment According to Articles 2 and 3 of this treaty, juristic and natural persons who are either national of or domiciled in a state party to the Convention shall, as regards the protection of industrial property, enjoy in all the other countries of the Union, the advantages that their respective laws grant to nationals. In other words, when an applicant files an application for a patent or a trademark in a foreign country member of the Union, the application receives the same treatment as if it came from a national of this foreign country. Furthermore, if th ...
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World Trade Organization
The World Trade Organization (WTO) is an intergovernmental organization that regulates and facilitates international trade. With effective cooperation in the United Nations System, governments use the organization to establish, revise, and enforce the rules that govern international trade. It officially commenced operations on 1 January 1995, pursuant to the 1994 Marrakesh Agreement, thus replacing the General Agreement on Tariffs and Trade (GATT) that had been established in 1948. The WTO is the world's largest international economic organization, with 164 member states representing over 98% of global trade and global GDP. The WTO facilitates trade in goods, services and intellectual property among participating countries by providing a framework for negotiating trade agreements, which usually aim to reduce or eliminate tariffs, quotas, and other restrictions; these agreements are signed by representatives of member governmentsUnderstanding the WTO' Handbook at WTO officia ...
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Regulation On Community Designs
Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs is a European Union regulation which introduces a unified system of industrial design rights, called Community designs, throughout the European Union. The system which includes both unregistered and registered design rights, operates in addition to national systems of protection in each Member State, which are partially harmonised by the Directive on the legal protection of designs (98/71/EC). Eligible designs A design is defined as "the appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture and/or materials of the product itself and/or its ornamentation" (Art. 3). Designs may be protected if: *they are ''novel'', that is if no identical design has been made available to the public; *they have ''individual character'', that is the "informed user" would find it different from other designs which are ...
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Agreement On Trade-Related Aspects Of Intellectual Property Rights
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an international legal agreement between all the member nations of the World Trade Organization (WTO). It establishes minimum standards for the regulation by national governments of different forms of intellectual property (IP) as applied to nationals of other WTO member nations. TRIPS was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) between 1989 and 1990 and is administered by the WTO. The TRIPS agreement introduced intellectual property law into the multilateral trading system for the first time and remains the most comprehensive multilateral agreement on intellectual property to date. In 2001, developing countries, concerned that developed countries were insisting on an overly narrow reading of TRIPS, initiated a round of talks that resulted in the Doha Declaration. The Doha declaration is a WTO statement that clarifies the scope of TRIPS, stat ...
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