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 before priority date keeps the right to exploitation of such invention. | Patent Act of 2001, Article 17 Act on Utility Models and on Amendment of Some Acts of 2008, Article 17 Act on Designs of 2002, Article 19 |
Patents/Utility models | These kinds of activities do not infringe the rights of the owner: | Private or non-commercial purposes; Experimental purposes, studies and exams; Individual preparation of a medicine in a pharmacy according to a medical prescription. | Patent Act of 2001, Article 18 Act on Utility Models and on Amendment of Some Acts of 2008, Article 18 |
Industrial Designs | These kinds of activities do not infringe the rights of the owner: | Private or non-commercial purposes; Experimental purposes; Reproduction for purposes of citations or teaching; Replacement parts. | Act on Designs of 2002, Article 20 |
Topographies of Semiconductor Products | These kinds of activities do not infringe the rights of the owner: | Acts performed privately for non-commercial aims; Reproduction of the topography for the purpose of analyzing, evaluating or teaching the concepts, processes, systems or techniques embodied in the topography or the topography itself. | Act on Legal Protection of Topographies of Semiconductor Products as amended 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 2009, Section 14 |
Copyright | These kinds of activities do not infringe the rights of the owner: | Free use; Quotation; Advertisement of the exhibition of artistic works or auction of artistic works; Use of work located in a public place; Use of work for teaching purposes; Use of work to cater for the needs of the handicapped; Use of work in the course of civil and religious ceremonies, in the course of school performances and the use of a school work; Use of work by library or archive; Incidental making of a copy; Use of work for information purposes; Use of collection. | Copyright Act of 2003, Sections 24-34 |
For comments and feedback please send us an e-mail (info@heip-link.net)