Agreements Providing Regional Patent Protection

Patent rights are generally enforced in court on the initiative of the rights holder. In most systems, a court has the power to stop patent infringements. However, the primary responsibility for monitoring, identifying and combating patent authors rests with the patent owner. In accordance with the general rule of Article 7(1) of the Berne Convention, as amended by the TRIPS Agreement, the term of protection is the life of the author and 50 years after his death. In certain cases, paragraphs 2 to 4 of that Article expressly allow shorter durations. In addition, depending on current patent law, you may need to file different types of declarations, declarations or supporting documents with a patent office. Given the complexity, a patent attorney or patent attorney should be consulted when preparing a patent application. It is important to file a patent application before the details of an invention are made public. Generally speaking, any invention published prior to the filing of an application would be considered “prior art” (although the definition of prior art is not internationally uniform, it refers in many countries to all information made available to the public anywhere in the world by written or oral disclosure prior to the filing date). Article 23 provides that the persons concerned must have at their disposal the necessary legal means to prevent the use of a geographical indication to identify wines for wines which do not come from the place indicated by the geographical indication.

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