ブックタイトル縁19号

概要

縁19号

and animals.Duration of the patent examination and search is nine months.In Mongolia there is no need to make a special request for substantive examination.The Ministry of Justice and Home Affairs established a working group for preparation of a draft on patentsand utility models. The Mongolia has received WIPO's assistance concerning a draft of Patent law in2017.The experts drafted the Law on Patent, Utility Models and their Enforcement. The main purpose of thisdraft law is to develop patent and utility model regulation and promote innovation as undertaken by localinnovators and SMEs.The main important principles of the draft law are as follows;a/ TRIPS requirements: According to the Article 7 of the TRIPS Agreement, the law should be balancedbetween rights and obligations. For this reason, Patent Law of Mongolia should regulate patent regulationwith "flexibilities", which concern "compulsory licenses", "minimum standards", "exclusions from patentability";the local content disclosure requirement; "exhaustion"; previous control of abusive and anti-competitive licensingclauses; and exceptions to rights conferred.The Doha Declaration on the TRIPS Agreement and Public Health of 2001 highlighted that "We recognizethat WTO Members with insufficient or no manufacturing capacities in the pharmaceutical sector couldface difficulties in making effective use of compulsory licensing under the TRIPS Agreement.Mongolia accepted the amendment to the TRIPS Agreement concerning compulsory license for pharmaceuticalproducts. In this regard, it should be regulated clearly in new Patent law.Article 39(1) of the TRIPS Agreement establishes that "in the course of ensuring effective protectionagainst unfair competition as provided in Article 10 bis of the Paris Convention, Members shall protect undisclosedinformation". In order to comply with this, regulations were set through a new provision to thePatent Law.b/ PCT requirements: The draft law introduces some elements related to the legal security of the procedureleading to the granting (or rejection) of the patent: international classification, publication of the applicationand an opposition procedure. The time limit of the examination should be eighteen or thirty-sixmonths according to the PCT substantive examination requirement.c/ The need for reducing the obstacles against industrial property rights.2. Industrial designThe revised 2006 Patent law of Mongolia provides protection for Industrial design rights. "Industrial design"means a new and original solution related to the shape, pattern or color, or a combination of colors inan article." Industrial design should be "new, ornamental and original". If any design features were not publiclyknown prior to the filing date, they shall be regarded as "new" and any design features possessing creativecharacteristics shall be regarded as "original".A design which is identical with or similar to national emblems, flags, banners, seals, decorations, orders ofmerit, medals or national flags and emblems of foreign countries, or emblems and symbols of internationalorganizations; if it is contrary to public order or morality; or if it is detrimental to anyone's business, it shallnot be protected by industrial design patent.IP Friends Connections August 2018 No.19ENISHI7