Heiplink

Patents/Utility models/Designs

!!! PATENTS / DESIGNS ONLY!!! - Prior user rights

Person who has exploited an invention in a good faith before priority date keeps the right to exploatation of such invention.

Law on Patents of 1994, Article 29

Law on Designs of 2002, Article 37

Industrial Designs

These kinds of activities do not infringe the rights of the owner:

Acts performed for non-commercial purposes;

Acts performed for experimental or scientific purposes;

Reproduction of a design for the purposes of making citations or of teaching.

Law on Designs of 2002, Article 37

Trade Marks

These kinds of activities do not infringe the rights of the owner:

Using in the name, surname 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;

The mark in comparative advertising where such advertising is permitted.

Law on Trade Marks of 2000, Article 39