Category of IP right | Type of limitation | Description | Relevant regulation |
|---|---|---|---|
Patents/Utility models/Designs | |||
Patents/Utility models | Limitations on exclusivity: | Acts performed in a private circle for non-commercial purposes; Acts carried out exclusively to experiment with the subject matter of the patented invention / utility model; Acts performed solely for the purposes of teaching or scientific or academic research; Acts referred to in Article 5bis of the Paris Convention; Where the patent protects biological material, that can be reproduced, other than plants, using that material as the basis with which to obtain viable new material. | Decision No. 486 Establishing the Common Industrial Property Regime (Andean Community), Articles 53, 85 |
Industrial Designs | |||
Topographies of Semiconductor Products | !!! PLANT BREEDERS RIGHTS!!! - Limitations on exclusivity: | Use in the private circle for non-commercial purposes; Use for experimental purposes; Use in order to create and use a new variety, except where this is a variety essentially derived from a protected variety. | Decision No. 345 Establishing the Common Regime on the Protection of the Rights of Breeders of New Plant Varieties (Andean Community), Article 25 |
Trade Marks | Limitations on exclusivity: | Third parties may, in good faith, do the following: make use in the market of their own names, addresses, or pseudonyms, a geographical name, or any other precise indication concerning the kind, quality, amount, purpose, value, place of origin or time of production of their goods or of the rendering of their services, or other characteristics thereof, provided that such use is confined to identification or information purposes only and is not likely to create confusion over the source of the goods or services; use the trademark to announce, even in advertising using brand comparisons, offer for sale, or advertise the existence or availability of lawfully trademarked goods or services, or advertise the compatibility or suitability of spare parts or accessories that may be used with goods bearing the registered trademark. | Decision No. 486 Establishing the Common Industrial Property Regime (Andean Community), Article 157 |
Copyright | The authorisation of an author shall not be required for these kinds of use: | Quotation; Reproduction of articles published in newspapers or magazines, or brief extracts, for teaching or holding of examinations in educational establishments for no profit-making purposes; Reproduction of works by library or for archives not for profit-making purposes; Reproduction of works and making them acessible to the public, in connection with reporting of current events; Reproduction in the press or by broadcasting or transmission to the public of political speeches and dissertations, sermons, speeches etc. for the purpose of reporting current events; Reproduction of works located permanently in public places; Performance or execution of a work in course of activities of an educational institution, by its staff and students, provided that no charge is made for admission and no profit-making purpose is pursued. | Decision No. 351 Common Provisions on Copyright and Neighboring Rights (Andean Community), Article 22 |
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