ブックタイトル縁19号

概要

縁19号

Filing the application, the formality examination, the substantive examination and the granting of a patentof industrial design are the same procedure as invention.3. Trademark and Geographical indicationThe Law on Trademark and Geographical Indication of Mongolia was adopted in 2010.According to the Article 3.1.1. "trademark" means distinctive expression used by a natural or a legal personin order to distinguish the goods or services from those of others". Article 3.1.4. "Geographical indication"means the geographical definition of a country, region or locality where the goods or products originatedtherein with a given quality, reputation or other characteristics that are identified by factors of natureand climatic condition or people custom of given territory.Trademark and geographical indication law provides provision concerning to the "collective mark andcertification mark".Duration of the examination of trademark application is nine months.Multiple?class trademark applications are acceptable.Trademark registration is valid for ten years from filing date and renewable for ten years.Recently, established working group at the Ministry of Justice and Home affairs and they drafted amendmentsto the Trademark and Geographical indication law of Mongolia.Main principles of the amendments are the following:a/ Trademark law treaty ? TRIPS consistencyb/ Develop regulation of the geographical indicationc/ Develop the Appeal and Opposition procedures for refusing trademark registration.4. Copyright ProtectionThe first Copyright Law was enacted in 1993, in agreement with the Constitution of Mongolia of 1992.A revision was approved as the Law on Copyright and Related Rights in January 2006, which providesthe purpose of this law regulation in matters related to the ownership, exploitation, administration and protectionof works subject to protection by copyright and related rights.Under Copyright and Related right law, works subject to copyright are, "any scientific, literary or artisticworks involving creative activity of authors…irrespective of their content, purpose, value, importance andmethods of expression.". Copyright law gives to authors the exclusive rights: economic and moral rights.The term of copyright protection is lifetime and plus fifteen years after the death of the author.For related rights, the works subject to related rights retain the rights of Performers, record producersand broadcasting organizations.The term of related rights protection is 50 years after the first performance, first publication and broadcasting.5. EnforcementIn terms of infringement, intellectual property rights are classified in the following manner:a/ Civil infringement8 ENISHI IP Friends Connections August 2018 No.19