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Chapter 7 Intellectual Property: Industrial Property Rights 20 December 2010

Chapter 7 Intellectual Property: Industrial Property Rights 20 December 2010. Industrial Property Rights/The Icelandic patent Office. The Icelandic Patent Office is a government agency under the auspices of the Minister of Economic Affairs. established 1 July 1991

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Chapter 7 Intellectual Property: Industrial Property Rights 20 December 2010

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  1. Chapter 7 Intellectual Property:Industrial Property Rights 20 December 2010

  2. Industrial Property Rights/The Icelandic patent Office • The Icelandic Patent Office is a government agency under the auspices of the Minister of Economic Affairs. • established 1 July 1991 • The Office’s role is to be responsible for issues relating to patents, trademarks, design and other comparable rights as provided for by law, regulations and international agreements on the protection of industrial property rights. • Registration of industrial property rights • Providing information and consultancy services on industrial property rights • Ensuring that information on new technology and knowledge protected by industrial property law is made available to the public • The Patent Gazette is published monthly

  3. Industrial Property Rights/International Cooperation • Iceland is a member of the following international agreements in the field of industrial property rights: • The Paris Convention for the protection of Industrial property • The protocol Relating to the Madrid Agreement • Patent Cooperation Treaty • The Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs • European Patent Convention

  4. Industrial Property Rights/International Cooperation • Iceland is a member of the following principal international bodies in the field of industrial property rights: • World Intellectual Property Organisation (WIPO) • The European Patent Office (EPO) • The Nordic Patent Institute (NPI)

  5. Industrial Property Rights/International Cooperation • Further cooperation in the field of Industrial Property Rights: • Member of the World Trade Organisation (WTO) • Provisions of the TRIPS (Trade-Related Aspects of Intellectual Property Rights) have been adapted into Icelandic legislation • The Agreement on the European Economic Area • Legislative amendments to accord with Directives and Regulations of the European Union

  6. Industrial Property Rights/The Icelandic Patent Office • Today there are 25 employees at the Patent Office • Patent division • 7 employees • The Icelandic Patent Office has an agreement with the Danish Patent Office on examination • Trademark- and design division • 8 employees • trademark applications are examined with regard to absolute and relative grounds • Design applications are only examined with regard to formality prior to registration

  7. Industrial Property Rights/Training on EC legislation and/or enforcement methods • Lawyers in the Icelandic Patent Office have attended EFTA seminars in Brussels on EC legislation • Participation in the EFTA working group on Industrial Property Rights • Iceland participated in an EU enforcement best practice project, 2008-2009 • No specific training on EC legislation and/or enforcement methods for the police or the customs authorities • Receive information through a Nordic cooperation • Icelandic Act on Customs, article 132 in line with EC legislation

  8. Industrial Property Rights/Statistics on number of Patent filings in IS

  9. Industrial Property Rights/Statistics on number of Trademark filings in IS

  10. Industrial Property Rights/Statistics on number of Design filings in IS

  11. Industrial Property Rights/Statistics on the procedure and the registrations • Time-span between application and registration • Patents • average time-span is 6 ½ years • Trademarks • 2 months if no refusal • 80% registration within 12 months from application

  12. Industrial Property Rights • Directive 98744/EC on biotech inventions • Patent Act 17/1991, amended by Act no. 22/2004 and Regulation no. 57471991 concerning patent applications etc. • Directive 98/71/EC on Design • Design protection Act no. 46/2001 • Directive 2008/95/EC on Trademarks • Trademark Act, no. 45/1997

  13. Industrial Property Rights • New legislation on Trademarks (adopted in 2009) • Amendment of the Trademark Act no. 45/1997 • Exhaustion of trademark rights is now a regional exhaustion instead of global • Art. 7 (1) of the directive 2008/95/EC is implemented • The amendment is in line with the decisions of the EFTA court in the combined cases n. E-9/07 and E-10/07, L’Oreal Norge AS and L’Oreal SA vs. Per Aarskog AS, Nille AS and Smart Club AS which concluded that Art. 7 (1) of the Directive stipulates a regional exhaustion of trademarks

  14. Industrial Property Rights • Status of supplementary protection certificates for medicinal products • Regulation 469/2009 concerning supplementary protection certificate for medicinal products (SPC’s) • Regulation 1768/1992 (repealed according to art. 22 of Regulation 469/2009) has the force of law in Iceland according to art. 65a of the Patent Act • References to the repealed Regulation shall be constructed as references to Regulation 469/2009, according to art 22 of the Regulation

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