What is Intellectual Property and why is it vital for business?
Intellectual property is the individualization of the results of human intellectual activity – goods, works, or services. That is, it is the process of defining and establishing the author’s rights to them.
According to the Civil Code of the Republic of Armenia, intellectual property is:
- works of science, literature and art,
- performances, phonograms and programs of broadcasting organizations,
- inventions, utility models, industrial designs,
- selection achievements,
- topologies of integrated circuits,
- undisclosed information, including production secrets (know-how),
- brand names,
- trademarks (service marks),
- geographical indications, appellations of origin and names of guaranteed traditional products.
The Trademark Registration Process
According to the RA Law on Trademarks, a trademark is used to distinguish the goods and (or) services of one person from the goods and (or) services of another person.
To register a trademark, an application must be submitted in Armenian to the state authorized body, the Intellectual Property Agency, in writing or through an electronic system.
The application must relate to one trademark.
Simultaneously with the application, it is necessary to submit a clear image of the applied mark (reproduction, including in the case of a sound trademark, in notated form) and a description, as well as a list of goods and (or) services for which registration of the trademark is applied for, grouped in accordance with the classes of the Nice Classification in force in the year of filing the application, in ascending order of class numbers.
Within three months after the date of publication of the application, an examination of the application on the merits shall be conducted to verify the compliance of the applied trademark with the conditions of protection established by this Law.
If there are no grounds for refusal to register a trademark, the trademark is registered and a trademark registration certificate is issued.
Patenting Inventions and Utility Models
According to the Law of the Republic of Armenia on Inventions, Utility Models and Industrial Designs, the patenting of inventions and utility models is carried out in the following steps:
Drawing up an application, to which it is necessary to attach a description of the invention, a definition of the claim, drawings and a summary (abstract).
Submitting the application and the attached documents in Armenian to the Intellectual Property Office in writing or through an electronic system.
The Office checks the completeness of the documents and their compliance with the established requirements.
In the case of inventions, the data are published in the official gazette, after which their innovativeness is checked.
In the absence of grounds for refusal, the data are registered in the state register, and the applicant is granted a patent.
Protection of Industrial Designs
Industrial design protection implies that the design, appearance of a specific product has received legal registration, and this prohibits third parties from using the same industrial design without permission.
To protect industrial designs, it is necessary to submit an application in Armenian to the state authorized body, the Intellectual Property Agency, in writing or through the electronic system. The process is identical to the process that ensures the registration of trademarks.
FAQ
How long does the trademark registration process take?
Trademark registration can take up to 12 months.
Do I need to register my copyright for it to take effect?
Copyright also operates without registration; its registration ensures its protection.
Does the protection obtained in Armenia apply abroad?
The protection obtained in Armenia is valid within the territory of the Republic of Armenia, and to obtain protection outside the territory of the Republic of Armenia, it is necessary to submit an application in accordance with the legislation of that country.
