Trademarks And Patents

Original Language Title: Sui Marchi E Brevetti

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LAW 24 June 1997 64





FRAMEWORK LAW ON TRADEMARKS AND PATENTS


We the Captains Regent of the Most Serene Republic of San Marino

Promulgate and publish the following law passed by the Council Great and General
its meeting on 24 June 1997.
TITLE I PATENTS



Art.1 Definition of "patent" and "invention"
For the purposes of this Act defines:
1) "invention" - l ' idea of ​​an inventor which permits the practice, the solution of a problem specific
in the technology sector; the invention may be or may relate to a product or a process
;
2) "patent" - the title granted for the invention.


Art.2 subject patent
1) An invention is patentable if it is new, it involves an 'inventive tivity and may result in immediate
industrial application.
2)
a) An invention is new if it is not included in the stat of the art.
B) The State of the art consists of everything that is available to the public anywhere in the world
by publication in tangible form or, in the Republic of San Marino, by
oral disclosure or use before date filing of the application claiming the invention
or, if applicable, before the priority date.
C) For the purposes of paragraph b), any disclosure of the invention to the public is not taken into consideration if
occurred in the six months preceding the filing date or, where applicable
, the the priority date of the application and whether it was due to or following
acts committed by the applicant or his predecessor in title or of an abuse committed by a third party against
of the applicant or his predecessor in title.
3)
a) An invention shall be considered as involving an inventive step if, having regard to the state of the art
concerning the application claiming the invention, and it would not have been obvious to a || | person skilled in the art.
B) An invention shall be considered as such only if it introduces an innovation that introduces elements of
novelty, not accessible to the public before the date of filing.
4) An invention shall be considered as susceptible of industrial un'applic tion whether it can be realized
or utilized in any type of industry. The term "industry" is to be understood in the broadest sense
; it includes crafts, agriculture, fisheries and services.
5) are not patentable inventions:
- concerning methods for surgical or therapeutic treatment of the human or animal body and
diagnostic methods practiced on the human or animal body. This provision does not apply to
products, in particular substances or compositions of substances, for implementing one of the methods appointed
;
- The implementation of which would be contrary to public policy or morality; the implementation of an invention
can not be considered contrary to public policy or morality merely
because it is prohibited by a provision of law or administrative;
- Concerning animal breeds and essentially biological processes for the production of
same; This provision does not apply to microbiological processes or the products
using such processes.
Art.3


Question 1) The patent application is filed with the "Trade Marks and Patents"
Republic of San Marino as per Article 30 and must contain a request, a description, one or
more claims, one or more drawings, where required, and an extract.
The application shall be accompanied by the payment of the prescribed fee.
2)
a) The request contains an instance for the granting of the patent, the name and other data prescribed
relating to the applicant, the inventor and the agent, if there is, and Title invention.
B) If the applicant is not the inventor, the request is accompanied by a statement
justifies the right of the patent applicant.
3) The description must disclose the invention in a manner sufficiently clear and complete
so that it can be implemented by a person skilled lmente norm in the branch and shall state, in particular
, the best way to implement the 'invention known to the applicant.
4)
a) The claim or claims shall define the scope of protection.
The description and the drawings can be used to interpret the claims.
B) The claims must be clear and concise. And if they have to be based entirely on the description
.
5) The drawings must be supplied when they are necessary for understanding the invention.
6) The abstract merely serves the purpose of technical information; in particular, it is not taken into consideration
for the interpretation of the claims.

7) The application must be designed to a single invention or a group of related inventions
between them so as to form a single general inventive concept.
8) The applicant shall provide, at the request "Trademarks and Patents",
copy of any communication received by the applicant concerning the results of research or tests conducted in
respect of the patent application or other title of protection filed by the applicant abroad
on the same or essentially the same invention claimed in the application filed at the same
Office.

Art. 4
examination, the patent grant or refusal of the request.
1)
a) The "Trade Marks and Patents" accorded a filing date and checks that
been complied with the conditions set out in the Regulations and shall examine whether the application meets the requirements || | Article 3 and the provisions of the regulations relating thereto.
B) The "Trade Marks and Patents" examines whether the invention meets the requirements of Articles 1 and 2,
however, it shall examine compliance with the requirements of Articles 2.2) and 3) only if, and the extent to which
, the Regulations so approves.
C) For the purposes of paragraph 1) b) of the Regulations may prescribe
that the "Trade Marks and Patents" can use research contributions or substantive examination reports prepared
by another authority.
2)
a) If the "Trade Marks and Patents" Office ascertains that the requirements referred to in paragraph 1 above) are
satisfied, grants the patent. Otherwise ref uta demand.
B) When granting the patent, the "Trade Marks and Patents":
I) publish a reference to the grant of the patent;
II) must issue a certificate of grant of the patent and a copy of the patent;
III) registers the patent;
IV) makes available to the public copies of the patent on payment of the prescribed fee.

Art. 5
Rights conferred by the patent
1) The rights arising from industrial inventions, except the right to be recognized,
assigned and transferred.
The right to be recognized can be relied upon, after the author's death, the person
that he has designated for that purpose; such designation is missing, or after the death of the designated
, the aforementioned right can be claimed by the spouse and descendants to the second degree
; in their absence or after their death, by parents and other ascendants, and
lack, or even after death, by relatives up to the fourth degree inclusive.
2) The patented invention, in the Republic of San Marino, from people
other than the patent holder requires the consent of the latter.
3) For the purposes of this Act, "the implementation of the patented invention" means any of the following acts
:
a) when the patent has been granted for a product:
I) the manufacture, importing, offering for sale, sale and use of the product;
II) storage of that product for the purposes of the offer to sell, sale and use.
B) When the patent has been granted for a process:
I) the use of the procedure;
II) performance of any act referred to in paragraph a), in respect of a
product obtained directly by means of procedimnto.
4) The holder of the patent, as well as any right, remedy or action available to it, has the right,
without prejudice to paragraph 5) and Article 7, to institute legal proceedings against any | || person who counterfeits the patent by performing, without his consent, any act referred to in paragraph 3
) or performing acts which make it likely the occurrence of such
counterfeiting.
5) The rights conferred by the patent do not extend:
I) acts relating to products marketed in the Republic of San Marino,
by the owner of the patent or with his consent;
II) use of items on board means it locomozi air and land or ships of other countries that
penetrate temporarily or accidentally in the airspace, territory or waters
, the Republic of San Marino.
6) In the case of invention occurred in the execution of a commission or a
employment relationship, the right to patent the invention, in the absence of contractual provisions to the contrary
, it is up to the person who commissioned work or to the employer.
7) The employee is entitled to equitable remuneration, taking into account the
his salary, the economic value of the invention and any benefit to the employer
from the invention.


Art.6 Duration, annual fees

1) A patent lasts twenty years from the dat and its deposit.
2) an annual fee for maintaining the patent d I be paid the "Trade Marks and Patents
" for each year from that in which the application was filed.
A period of grace of six months shall be granted for the payment of the annual fee by paying the surcharge
prescribed.


Art.7 not voluntary Licenses
1) Upon the request of any person establishing its capacity to implement the invention patented
in the Republic of San Marino presented the "Trade Marks and Patents"
after the expiration of a period of four years from the date of filing of the patent application or three
years from the date of grant of the patent, applying the term that expires later, the
"Trade Marks and Patents "may grant a non vlontaria if the patented invention is not implemented
or it is not sufficiently in the Republic of San Marino.
2) Notwithstanding the preceding paragraph 1), a compulsory license shall be granted if the patent owner proves
the "Trade Marks and Patents" that there are circumstances that
justify the non-implementation or insufficient patented invention in attuzione
Republic of San Marino, and if the applicant fails to show that he attempted to obtain permission from the rightful owner
in terms and favorable trading conditions and that no attempts have come
successful within a reasonable period of time.
3) The beneficiary of a compulsory license has the right to implement the patented invention
according to the deadlines set out in the decision granting the license, should start the implementation of the patented invention within the period
fixed in that decision and, subsequently, must implement the patented invention
sufficiently, subject to payment of an appropriate fee, to
patent holder, indicated in that decision.
4) The grant of a compulsory license does not preclude the granting of contracts
license from the patent holder or the granting of other compulsory licenses.


TITLE II INDUSTRIAL DESIGNS

Art.8 Meaning of Industrial Design
1) For the purposes of this Act, any composition of lines or colors or any form three
size, associated or not to lines or colors, is considered an industrial design, provided that
such composition or form gives a special appearance to an industry or craft
product and can serve as a model for a product industry or craft.
2) The rights conferred by this Act does not extend to any element of a
industrial design that serves solely to obtain a technical esult.
Art.9


recordable Drawings 1) An industrial design is registrable if it is new.
2) An industrial design is new if it has not been disclosed to the public anywhere in the world
by publication in tangible form or, in the Republic of San Marino, by
use or in any other manner, before the date deposit, or, if applicable, before the priority date of the application for registration
. Article 2, paragraph 2 / c applies mutatis mutandis.
3) Industrial designs that are contrary to public policy or morality are not feasible
.
Art.10


Application An application for an industrial design registration is filed with the "Trade Marks and Patents
" the Republic of San Marino and must contain a request, a sample of ' Article
incorporating the industrial design or the same graphic representation and an indication of
kind of products for which the industrial design is to be used.
The application shall be accompanied by the payment of the prescribed fee.


Art.11 Examination, registration of industrial design or refusal of the request
1) The "Trade Marks and Patents" of the Republic of San Marino shall grant the filing date and
checks that have been fulfilled the conditions laid down in the implementing Regulation and
examine whether the application meets the requirements of Article 10 and the provisions of the implementing rules
ye keep it.
2) The "Trade Marks and Patents" examines whether the industrial design meets the requirements of
Articles 8 and 9.3.
3) If the "Trade Marks and Patents" established that the conditions referred to in paragraph 1 are satisfied
registers the industrial design, publish a notice of the patent and shall issue to the applicant
a patent certificate. Otherwise reject the application.


Art.12 Rights conferred by the registration, duration
1) The implementation of a registered industrial design in the Republic of San Marino by

Persons other than the holder requires the consent of the latter.
2) For the purposes of this Act, "implementation" of a registered industrial design means the
manufacture, sale or importation of articles incorporating the industrial design.
3) Article 5 paragraph 5 / I shall apply mutatis mutandis. The owner of a registered industrial design
, in addition to any other right, remedy or action available to it, has the right to
take legal action against any person who forges industrial design
putting in practice, without the his consent, any act referred to in the second paragraph, or engaging in any acts that
make probable the occurrence of such an infringement.
4) The registration of an industrial design is valid for five years from the date of application for registration
. The registration may be renewed for two further consecutive periods of five years
upon payment of the prescribed fee.


TITLE III MARKS AND COLLECTIVE MARKS


Art.13 Meaning of "trade mark" and "collective mark"
For the purposes of this Act:
a) "trade mark" means any sign or cmbinazione signs reproducible
graphically and capable of distinguishing goods or services of one undertaking from those of other enterprises
;
B) "collective mark" means any sign or combination of signs reproducible
graphically and capable of distinguishing the origin or any other common characteristic,
including the quality of the products or services different firms that use the sign of
grant owner of the registered collective mark.


Art.14 Signs excluded from protection
Under the present law, can not be registered as trademark business
:
a) signs contrary to law, all ' public order or morality;
B) signs not capable of distinguishing the goods or services of a company;
C) signs capable of deceiving the public or operators, in particular as regards
geographical origin, nature or characteristics of the products or services;
D) signs made by emblems, the emblems or other signs which are of public interest or that it be recalled
in international conventions, in the cases and
conditions specified under the same conventions, unless the 'competent authority to their registration has authorized
it;
E) signs without the requirement of novelty, identical or similar to another registered mark
for products or services similar or identical or similar to a trade mark having
reputation or distinctive character.


Art.15 Application for registration of the mark
1) The application for registration of a trade mark is filed with the Office
"Trademarks and Patents", upon payment of the fee prescribed, and must be accompanied by a
reproduction of the mark and a list of goods or services for which registration is required brand
;
2) The Office shall examine the application to ascertain:
a) the regularity of supply and the presence of the requirements referred to in point 1)
above;
B) the absence of grounds for exclusion from protezine referred to in Article 14
letters a), b), c) and d) of this Act.
3) If you are experiencing the conditions above, the Bureau shall register the mark, publishes a
reference to the registration and issue a registration certificate.
If not, the Office shall reject the application.


Art.16 Conflict with previous mark
For a registered trade mark which is identical or similar to a registered mark for
products or services similar or identical with the previous deposit or date priority can be denied
protection and its registration can be cancell ta through a court order.


Art.17 Rights conferred by the registration
1) The proprietor of the trade mark in connection with any product or service for which it is
been registered, has the right to the exclusive use of the mark and to prevent third parties to use for
products or services identical or similar activities, without the owner's consent, a sign identical or similar to the registered trademark
, that would result in a likelihood of confusion for the public.
2) The holder of a trademark, in addition to any other right, remedy or action in its
available, has the right to institute legal proceedings against any person who forges the brand
using, without the her consent, the mark in connection with any goods or services for which it was registered or
against those who put into practice actions that make it possible that such counterfeiting

Occur. Where confusion may arise in public, this right extends to the use of a sign similar to
registered trademark and used in connection with goods or services similar to those for which the mark is registered
.
3) If the registered trade mark has a reputation in the State, the trade mark proprietor also
the right to prevent third parties from using a sign identical or similar to the registered mark for goods or services not
kindred, whether the use of the sign takes unfair advantage of the distinctive character
or reputation of the mark or is detrimental to.
4) The rights conferred by the registration of a mark do not extend to acts relating to articles
that have been put on the market in the Republic of San Marino, the proprietor of the registered trademark
or with his consent .


Art.18 recording time
1) The registration of a trademark is valid for ten years from the date of filing the application for registration
.
2) The registration may be renewed for successive periods of ten years by
payment of the prescribed fee; the effects of renewal shall take effect from the expiry of the previous recording
.


Art.19 Trademarks collective
1) Subject to the provisions of paragrfo 2), Articles 14, 15, 16, 17 and 18 shall apply to collective marks
.
2) The application for registration of a collective mark shall designate the mark as
collective mark and must be accompanied by a regulation governing its use as well as
controls and penalties.
3) The holder of a collective trademark shall notify the "Trade Marks and Patents"
any modification in the regulation relating to the trademark.


Art.20 License to trade marks and collective marks
1) Each license agreement on the registration of a trade mark or its
application must have an effective control by the lessor on the quality of the licensee's products and services
in relation to which the mark is used. If the license agreement does not
has such quality control or if such control is not exercised effectively, the license
contract is invalid and the exclusive right in Article 17.1) and 3), can not be exercised.
2) The registration of a collective mark, or a related question, can not be the subject of a license agreement
.





TITLE IV TRADE NAMES,
INDICATION OF ORIGIN,
DESIGNATION OF ORIGIN AND ACTS OF Unfair competition


Art.21 Meaning of "trade name" and "indication of source"
and "designation of origin"
For the purposes of this Act:
a) "trade name" it means the name or designation which identifies the enterprise;
B) "indication of source" means any expression or sign used to indicate that a
product or service originates in a given country, region or other geographic entity;
C) "designation of origin" means the name of the country, region or other geographic entity
which serves to designate a product from which it originates, whose characteristic qualities are due exclusively or essentially to the environment
geographically to include natural factors and human
or both; every name that is not that of a country, region or other geographical entities
is considered as a geographic entity name if it relates to a specific geographical area
when used in relation to certain products.


Art.22 Protection of trade names
Although this requirement in law or regulation to register trade names, such
names are protected against unlawful acts committed by third parties even before their registration
or without registration. In particular, it is considered unlawful any subsequent use of the trade name by
third parties, either as a trade name as a trademark, service mark or
collective mark, and any use of a trade name or trademark similarly, as to deceive the public
likely.


Art.23 unlawful use of an indication of origin
E 'offense to direct or indirect use of a indcazione false or misleading origin
about the origin of products or services or the identity their producers, manufacturers or suppliers.


Art.24 unlawful use of a designation of origin
E 'offense to direct or indirect use of a designation of origin false or misleading or imitate
a designation of origin even if the true origin of product is indicated or if the appellation
is used in the form of translation or is accompanied by terms such as "kind", "type", "imitation" or similar
. Art.25



And Acts of unfair competition 'unlawful any act of competition contrary to us honest practices in industrial and commercial matters.
TITLE V GENERAL PROVISIONS




Art.26 Priority right
Every application for the granting of a patent or the registration of an industrial design or a
a trade mark may contain, in accordance with the provisions of the Convention Paris
of March 20, 1883 and subsequent amendments to it protezi of industrial property, a statement
claiming the priority of a corresponding front asked and the effect of such
statement is prepared in this Convention.


Art.27 holder Change
1) Any change in the ownership of a patent, the registration of a trade mark
or a collective mark, or in the ownership of the relevant application, is transcribed at the request of ogn
party concerned and, except in the case of the Sun author's note, is published by the "Trade Marks and Patents
". This change has no effect in the third confr you up to transcription occurred.
2) Any change in the ownership of a collective trademark registration, or
ownership of a corresponding application, requires prior approval by the
State Congress.
Art.28 Nullity Forfeiture


1) The patent is void if the invention is devoid of the requirements of Article 2.
2) The models and industrial designs are void if they lack the requirements set out in articles 8 and 9.
3) the mark is null if you miss the cuall'articolo requirements
14. a) the patent for invention decade:
a) in case of non-payment of annual fee and t Rmini provided for in Article 6;
B) if the invention has not been implemented within two years from issue of involuntary
license referred to in Article 7;
C) in the event that there is a right of priority that other person has filed, under
of the Paris Convention of March 20, 1883 and subsequent amendments, a patent application for the same invention in
another member state.
B) The decade mark for non-use or the same
suspended for an uninterrupted period of five years, unless the non-use is not giustif ed by legitimate reasons. Art.29 agents


If the ordinary residence of the applicant or the principal place of business is outside the
Republic of San Marino, he must be represented by a representative admitted to practice at
the "Trade Marks and Patents" Office.


Art.30 Patent and Trademark Office
1) For the purposes of this law is established the Patent and Trademark Office of
Republic of San Marino.
2) With Regency Decree will then be allocated and the
service skills defined. With the same decree will set the axis registration and any other act relating
to questions provided by this law.


Art.31 Logs, Journals
1) The "Trade Marks and Patents" maintains separate registers for patents, industrial designs and trade marks
. Collective marks are registered in a special section of the Registration of Marks.
All transcripts provided by this Act shall be made in such registers.
2) The "Trade Marks and Patents" makes all the publications provided for in this Act
in a special section of the Official Bulletin.


Art.32 Civil and Criminal Jurisdiction of the court commissioner, prosecutions
1) Against the Office "Trademarks and Patents" provisions to declare the inadmissibility of the request or refuse the filing of
a brand name, a patent or an industrial design can be
appealed by the applicant in accordance with Law 28 June 1989 No. 68 "on the administrative jurisdiction
, the legality and administrative sanctions".
2) Subject to the preceding paragraph, the actions relating to trade marks, patents and industrial designs
already registered or pending shall be brought to the ordinary judicial
, with the burden held by the plaintiff to communicate a copy of the application
Office of judgment "Trademarks and Patents".
3) The right holder of trademark, patent or registered industrial design may request, in
During the civil trial, who is willing seizure of some or all of the constituent objects
violation of that right or that it is disposed formal notice in order to inhibit the continuation
offense.
4) Without prejudice to Article 5.5), 12.3) and 17.4), a counterfeit is to build
in the Republic of San Marino of any act referred agl rticoli 5, 12, 17, and 21 by a person

Who it is not the holder of the right and without his consent.



Art.33 Transitional provisions and repeal
1) are subject to the rights previously acquired for trademarks, patents, models and industrial designs already registered
, the date of entry into v gore of this Act, based on pre-existing
system, subject to the requirement on the part of the holders to request the registration in the Patent and Trademark Office
records within the period of six months after the entry into force of this || | law. The request must be enclosed with the documents confirming the original registration.
2) are repealed from the date of full operation Office "Trademarks and Patents", Articles
5 letter c), 12, 13, 41, the words "of models and designs" contained in ' Article 77 of the Law
25.01.1991, n. 8 "Protection of copyright".


Art.34 Regulations
With Regency Decree will be issued an implementing regulation that prescribes the
rules for the application of this law to include transitional provisions relating to situations
pendants the date of entry into force of this Act and to registrations in force on that date. Art.35


Entry into force This Law shall enter into force on the fifteenth day following that of its legal publication
.

Our Residence, this day of 26 June 1997/1696 dFR


THE CAPTAINS REGENT
Paride Andreoli - Pier Marino Mularoni


THE SECRETARY OF STATE FOR INTERNAL AFFAIRS

Antonio Lazzaro Volpinari