exhaustion of intellectual property rights (national, regional or international exhaustion). This Law opts for the
international exhaustion of rights, as recommended to the least developing countries by the Doha Declaration on
public health and the TRIPS Agreement adopted in November 2001 at the WTO Ministerial Conference in
order to facilitate access to essential drugs by authorising parallel imports.
The patent shall be valid for 20 years on payment of an annual renewal fee. In addition, the law establishes a
balanced system of rules for the granting of patent licenses.
Utility model certificates
The encouragement of creativity and inventive activity shall be translated, at the level of small and mediumsized enterprises and crafts industries, by the development of a large number of very useful products, but which
do not necessarily satisfy the rigorous criteria of a patentable invention. A utility model (or innovation) is
therefore an invention with a lower inventive level in relation to a patentable invention.
The legal system of utility models is similar to that for patents, with a few exceptions:
A utility model is protected if it is novel and industrially applicable. The inventive step requirement
which applies to patents does not apply to utility models;
The duration of a utility model is ten years with the possibility of renewal in the fifth year;
The non-voluntary licenses for utility models are authorised only in cases of a lack of or insufficient
use.
Industrial designs
A design or model is the appearance or aesthetic aspect of an industrial or craft product. The design or model is
registered if it is novel anywhere in the world. The right to the design shall belong to the creator.
A registration application indicates the kind of products for which the design or model is intended to be used.
The examination procedure is similar to that for patents. An examination of novelty, which is the substantive
requirement, is not therefore conducted.
The registration of a design or model grants the owner the exclusive right of use. Use without the owner’s
consent is an infringement sanctioned by the courts. The design or model is valid for 15 years with the
possibility of renewal in the fifth and tenth years.
Marks; collective marks; trade names; acts of unfair competition
Marks play a major role in the conduct of industrial and commercial activities in terms of both marketing and
commercial promotion. A mark is registered if it is distinctive, while not being confusing, misleading, deceptive
or descriptive. The right to use the mark is acquired at the time of registration. The registration application
indicates the products on which the mark will be used.
The examination of applications begins with the allocation of a filing date. Contrary to patents, utility models
and industrial designs, a formal and substance examination is conducted. Where the mark meets all the
substantive requirements for registration purposes, publication follows so as to allow any interested person to
oppose the registration of the mark. In case of opposition, the decision to register the mark or reject the
application is taken after the case is examined as to substance and the parties concerned have been interviewed.
The registration of a mark grants the owner the exclusive right of use. Any unauthorised use is an infringement
sanctioned by the courts. The registration of a mark is of indefinite duration, provided that a renewal fee is paid
after each ten-year period.
Protection of geographical indications
The protection of geographical indications plays a very important role in commercial relations at both the
national and international levels. Their unlawful use can mislead consumers.
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