The Ministry of Commerce & Industry prepared a draft law No. 17/97 amending the Industrial Property Law of 1916 and 1938. The law was adopted by the council of Ministers, passed through Parliament, and was finally approved by the House of Counselors.
The subject law has not yet been published. The law which covers patents, trademarks and designs will take effect once published.
The amendments made to the law will render it in harmony with the TRIPs Agreement and with the requirements of economic development that the world is witnessing.
The major attributes of this new law may be summarized as follows:
- Unification of the registration system.
- Protection of service marks, certification marks, geographical names, and names of origin.
- Protection of integrated circuits configuration.
- Protection of pharmaceutical compositions.
- Protection of employee's inventions.
- Property rights may be subject seizure, and may be mortgaged.
- A three-month grace period to submit missing documents.
- Possibility to amend applications.
- Compulsory licensing.
- Change of terms of protection.
- Penalties for infringement are more severe.
A study of the novelties of each section of the new law will be published in the next issue of the AGIP Bulletin.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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