Category of IP right | Type of limitation | Description | Relevant regulation |
|---|---|---|---|
Patents/Utility models/Designs | Prior user rights: | Person who has exploited an invention in a good faith befor priority date keeps the right to exploitation of such invention, after the grant of the patent for the invention to other party . | Act on Inventions and Rationalisation Proposals of 1990, Article 17 Act on Utility Models of 2001, Section 13 Act on the Protection of Industrial Designs of 2000, Section 25 |
Patents/Utility models | These kinds of activities do not infringe the rights of the owner: | Acts performed for non-commercial purposes; Acts relating to the subject-matter of the invention done for experimental purposes including experiments and tests; Individual preparation of a medicine in a pharmacy according to a medical prescription. | Act on Inventions and Rationalisation Proposals of 1990, Article 18 Act on Utility Models of 2001, Section 21 |
Industrial Designs | These kinds of activities do not infringe the rights of the owner: | Acts performed for non-commercial purposes; Acts performed for experimental purposes; Acts performed for the purposes of citation or of teaching. | Act on the Protection of Industrial Designs of 2000, Section 23 |
Topographies of Semiconductor Products | These kinds of activities do not infringe the rights of the owner: | Acts performed privately for non-commercial purposes; Reproduction of the topography for the purposes of analysis, research, development or teaching and commercial exploatation of a topography that has been created as a result of these actions; The effect of protection shall not extend to a person who acquires in good faith a semiconductor product containing a protected topography and distributed without the consent of the topography owner. | Act on the Protection of Topographies of Semiconductor Products of 2000, Section 11 |
Trade Marks | These kinds of activities do not infringe the rights of the owner: | Using in the trade name, croporate name, name or adress, indications concerning the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of goods or of rendering of services, or other characteristics of goods or services; Necessary use to indicate the intended purpose of a product or service, in particular as accessories or spare parts; Prior use of trade mark with the local significance. | Act on Trade Marks of 2003, Section 10 |
Copyright | The authorisation of an author shall not be required for these kinds of use: | Free use; Quotation; Promotion of exhibition of works of art and sale thereof; Use of work located in a public place; Official and reporting licences; Licence for disabled; Use of work as part of civil and religious ceremonies or as part of official events organised by public authorities or during school performances, and use of school work performances and the use of a school work; Use of work by library or archive; Incidental use of a work; Use of collection. | Copyright Act of 2000, Articles 30-38, 38c |
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