LAW OF THE REPUBLIC OF ARMENIA

of June 28, 2008 No. ZR-111

About inventions, useful models and industrial designs

List of amending documents

Accepted by National Assembly of the Republic of Armenia on June 10, 2008

Chapter. Basic provisions

Article 1. Law purposes

This Law governs the property and personal non-property relations connected with creation, legal protection and use of the invention, useful model and industrial design.

Article 2. The concepts used in the Law

The basic concepts used in this Law are:

Parisian convention – The Parisian convention on protection of industrial property signed on March 20, 1983 - with all subsequent changes and amendments;

VOIS – World Intellectual Property Organization;

RUTI – The agreement on patent cooperation (RUTI) signed on June 19, 1970 together with the Instruction to RUTI and the Administrative instruction to this Agreement - with all subsequent changes and amendments;

Eurasian convention – The Eurasian patent convention signed on September 9, 1994 in Moscow;

Agreement of TRIPS - The agreement on trade aspects of intellectual property rights signed on April 15, 1994 in Marrakech;

The Lokarnsky agreement - the Lokarnsky agreement on organization of the International classification of industrial designs signed on October 8, 1968 in Locarno;

Geneva act of the Hague agreement on the international registration of industrial designs – The Hague agreement on the international deposition of industrial designs renamed into "The Hague agreement on the international registration of industrial designs" on July 2, 1999 in Geneva;

object of industrial property – the invention, useful model and industrial design;

the state authorized body - the body of system of public administration authorized by the law in the field of intellectual property which functions connected with protection of intellectual property, and also other functions provided by this Law, according to the procedure, provided by this Law, the office of intellectual property of this body performs;

the applicant – physical person or legal entity, the organization addressed to which the patent for the invention or useful model or the certificate for industrial design is requested;

the owner – person addressed to whom the patent for the invention or useful model is granted or is registered industrial design (the owner of exclusive right);

the request – the request for receipt of the patent for the invention, useful model or the certificate on industrial design;

the international request – the application submitted according to the agreement of RUTI according to which the applicant performs stipulated in Article 22 the specified agreements of operation concerning authorized state body;

the Eurasian request – given according to Article 15 (1) the Eurasian patent convention the request for receipt of the Eurasian patent;

the representative – person, authorized to represent the applicant, the owner or other interested persons in authorized state body;

date – day, month, year;

мутатис мутандис (mutatus mutandis) – with corresponding changes (in the Agreement sense the THRIPS (TRIPS) on trade aspects of intellectual property rights);

national stage – consideration of the international request according to the national legal system;

the unregistered industrial design - the industrial design protected according to this Law without application.

Article 3. Legislation on objects of industrial property

1. The legislation on objects of industrial property consists of the Constitution of the Republic of Armenia, the Civil code of the Republic of Armenia, this Law and other legal acts.

2. If international treaties of the Republic of Armenia establish other regulations, than those which are provided by this Law then are applied regulations of international treaties.

Article 4. National approach

1. Foreign physical persons and legal entities have the rights provided by this Law and bear responsibility on an equal basis with citizens and legal entities of the Republic of Armenia according to international treaties with participation of the Republic of Armenia or by the principle of reciprocity.

2. For use of the principle of reciprocity availability of reciprocity proves person wishing to use it.

Article 5. Authorized state body

1. The main functions of authorized body are:

1) adoption of requests for acquisition of rights objects of industrial property or their registration;

2) holding the procedures connected with patent grant and certificates and their registration;

3) maintaining and storage of registers of objects of industrial property and other registers provided by this Law;

4) providing with the corresponding information services by the rights to industrial property;

5) representation of the Republic of Armenia in the foreign and international organizations in the field of intellectual property;

6) performance as the state body receiver of the international application submitted according to the procedure of the agreement of RUTI, and the Eurasian application submitted according to the procedure of the Eurasian patent convention;

7) implementation within the competence of other functions.

2. The authorized state body has the Statement in which publishes data on the granted patents for the invention and useful models, certificates on the registered industrial designs, and also other data relating to the activities. The specified data are published also on the official website of public notices of the Republic of Armenia to the address http://www.azdarar.am.

3. The authorized state body according to this Law establishes the rules, procedures and other legal acts relating to acquisition of rights or registration of the rights to industrial property (including under agreements of assignment of rights and license agreements) and to their storage, maintaining and storage of registers, the publication of data and exchange of them, and also to carrying out and registration of qualification examinations of attorneys.

4. The authorized state body has Appeal council which charter and claim treatment procedure which affirm the Government of the Republic of Armenia. The decision of Appeal council is considered the final decision of authorized state body. Any decision of Appeal council can be appealed in Administrative court.

Article 6. Information for the public

1. The authorized state body permits any person to study documents according to requests and to get acquainted with the acquired materials or materials by the registered rights taking into account requirements, the stipulated in Clause 7 these Laws.

2. The authorized state body provides information from the materials which are available at its order relating to equipment level and also performs other services in the field of information and documentation based on the statement of any person, in case of payment of the corresponding state fee.

Article 7. Confidentiality of clerical work according to requests

1. Determination of degree of privacy of inventions, useful models, the industrial designs containing the data which are the state and official secret their use and the publication of information about them are performed according to the procedure, established by the Government of the Republic of Armenia.

2. All documents of the request for the secret site are constituted and considered according to requirements of the legislation of the Republic of Armenia about the state and official secret.

3. Before the publication of data on the granted patents for inventions, useful models or the registered industrial designs in the Statement of authorized state body materials of the request for them are considered as confidential.

4. The request materials which are considered according to part 3 of this Article as confidential become available to acquaintance only from consent or permission of the applicant or in case of the corresponding request - for judicial authorities, and also for the bodies for criminal cases performing preliminary inquiry. At the same time materials are considered available to acquaintance if acquaintance with them is possible by any permitted method, including by direct contact or the regular publication.

5. Any person who will prove that the applicant in writing notified him on the request and content of the asked legal amount can get acquainted with the materials which are considered confidential without the additional consent or permission of the applicant.

6. The deposited biological material specified regarding 3rd article 53 of this Law is available with provision of its sample:

1) only for persons having power according to parts 1, 3 and 4 these Articles - before the publication of the request for the invention;

2) based on the statement of any person irrespective of cancellation of the patent or the announcement its invalid - after the publication of the request and patent grant.

7. The sample is provided according to part 6 of this Law if person submitting the application during action of the patent guarantees:

1) that the sample or any material received from it will not become the available third parties;

2) that the sample or any material received from it will not be used with any other purpose (except for research purposes) if the applicant or the owner did not grant such right.

8. If the request relating to biological material is rejected or withdrawn, then availability of deposited material based on the statement of the applicant is limited for a period of 20 years, beginning from date of application, with provision of this right to the independent expert. In this case provisions of part 7 of this Article are applied.

9. The authorized state body before the publication of data on the patent in the Statement can publish or provide to the third parties the following data:

1) requisition number;

2) date of application, and in case of priority purchase – also date of giving, number and the country of the first request;

3) data on the applicant (for physical person – name, surname, the residence, for the legal entity – the official name, the location);

4) the name of object of industrial property if it does not disclose essence of this object.

Article 8. State fee

1. According to this Law for making of the actions connected with acquisition of rights and protection of the rights the state fees are collected. Types of the state fees, their amount and terms of their payment, reduction of the sizes or return of the state fees, the bases and procedure for release from the state fee are established by the law.

Article 8.1. Times for notification

1. The state authorized body, within one working day after decision making, by means of use of means of communication (including, sending the message on the phone number specified by the applicant) or by means of electronic system (including, by means of e-mail specified by the applicant), and also on other means of electronic communication established by the legislation without delay reports to the applicant about it. Within three working days after decision making the state authorized body sends it to the applicant by mail. The applicant can receive for the specified term the decision in the state authorized body also personally.

2. Other notifications provided by this Law go, and surveys are conducted, in case of the notification by mail - within three working days after the expiration of the corresponding terms or accomplishment of actions provided by the law, within one working day - with use of means of communication (including, sending the message on the phone number specified by the applicant) or by means of electronic system (including, by means of e-mail specified by the applicant), and also in case of the notification on other means of electronic communication established by the legislation.

Chapter 2. Legal protection of the invention and useful model

Article 9. Conditions of patentability of the invention 

1. In sense of this Law as the invention the technical solution in any area concerning product (in particular, devices, substances, biotechnological product), use or method is protected (process of making of actions over material object by means of appliances). The invention is subject to legal protection if it is new, has inventive level and is industrially applicable (conditions of patentability of the invention) even if it belongs to the product containing biological material or consisting of it, or method by means of which biological material is made, turns out or used.

2. The biological material emitted from its natural environment or received by means of technical process can be subject of the invention even if it existed in the nature earlier.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info