The patent and the utility model are regulated in the Decree No.
551 dated 1995 Concerning to the Protection of Patent Rights
("PDL"). Obviously patent and utility models are not
completely two different rights; however there are some specific
measures differentiating them. In this article we will discuss
important points of these rights.
Patent is one of the intellectual also industrial property
rights, which prevent the production, utilization or sale of an
invention by others without permission of the inventor. The utility
model provides protection of the novelty and for industrially
applicable inventions. It is possible to summarize differences
between patent and utility models as the following:
PDL determines qualifications required for receiving patent
Novelty: Any invention which is not part
of/comprised in the State of the Art shall be deemed to be
novel.The Decree defines the state of the art as the information
about an invention disclosed through verbal or written
introduction, usage or any other means accessible by the public of
any place in the World before the date of a patent
Surpassing theState of the
Art: An invention shall be deemed to surpass the State of
the Art (to involve inventive activity/step) when it is the result
of an activity which is not obviously realizable from the State of
the Art, by a person skilled in the concerned technical field.
Being Applicable To The Industry:The invention
shall be applicable to industry. An invention is applicable to an
industry if it is useable or producible in any field of industry
There are also non-patentable inventions, due to lack of
Plans, procedures and rules about intellectual, commercial and
Literary and artistic works, scientific works, aesthetic
creations, computer software
Methods involving no technical aspect, for collecting,
arranging, offering/ presenting and transmitting
The Methods of diagnosis, therapy and surgery applying to human
or animal body.
Patent shall not be granted for inventions in respect of
following subject matter.
Inventions whose subject matter is contrary to the public order
or to morality as is generally accepted.
Plant and animal varieties/species or processes for
breeding/plant or animal varieties/species, based mainly on
It is possible to obtain patent rights in other countries, by
filing applications in each country or applying to Patent
Co-operation Treaty ("PCT"), or to
European Patent Convention ("EPC").
Patent holders have certain legal rights. It is possible to
demand prevention, cease, removal and/or determination of
violation, compensation, withholding, recognition of proprietary
rights on the counterfeited products and tools, figurative changes
and destruction, notification of the judicial resolutions to the
parties concerned, announcement to the public and advertisement of
the final verdict, precautionary measures.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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On 8 September 2016 (C-160/15), the CJEU ruled that the posting of a hyperlink to copyright-protected works located on another website does not constitute copyright infringement when the link poster does not seek financial gain.
The chapter on the UK summarises the IP court and litigation system in the UK, recent developments in relation to IP law and practice, the forms and availability of IP protection and trends and outlook in the IP sphere.
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