ブックタイトル縁19号

概要

縁19号

New Developments of IP Protection System in MongoliaMs. Erdenebayar Myagmardorj (Mongolia)(IPR Training Courses under the WIPO Funds-in-Trust/JAPAN, Industrial Property AdministrationFebruary 15 ? March 3, 2006)IP protection in Mongolia has developed real meaning since 1993, according to Article Seven of the Constitutionwhich stipulates:1. The historical, cultural, scientific and intellectual heritage of the Mongolian people shall be under StateProtection.2. Intellectual values produced by citizens are the property of their authors and the national wealth ofMongolia.Article Sixteen states:The citizens of Mongolia are guaranteed to enjoy the following rights and freedoms:…8) the right to engage in creative work in cultural artistic and scientific fields and to benefit thereof.Copyright and patents shall be protected by law.These are the main basic regulations of Intellectual Property protection in Mongolia.After that the Copyright law and Patent law adopted separately in 1993.1. Main legislation on Patent and new developmentThe main legal statutes regulating IP rights in Mongolia are the Law on Patents, the Law on Copyright andRelated rights, the Law on Trademark and Geographical indication, the Innovation law, the Technology transferlaw and the Law of Infringement. The Patent Law regulates inventions, industrial designs and utility models.Under the Patent law "invention means a new solution related to a product or an industrial processwhich involves an inventive step, and the essence of which is disclosed on the basis of a law of nature","utility model" means a new technical solution related to an industrial tool, device or process which is industrialapplicable".Invention should be new, have inventive step and be capable of industrial application.The following are excluded from patent protection:- A discovery, scientific theory or mathematical method;- A computer program, algorithm;- A scheme, rule or method for performing a mental act, playing or doing business;- A solution contrary to public order or morality, or which is harmful to the environment or humanhealth;- Diagnostic and therapeutic methods for the treatment of humans or animals;- Plants and animals other than micro-organisms and biological processes for the protection of plants6 ENISHI IP Friends Connections August 2018 No.19