TERM OF THE PATENT. PREMISES FOR THE CREATION OF THE SUPPLEMENTARY PROTECTION CERTIFICATE
Journal Title: Challenges of the Knowledge Society - Year 2013, Vol 3, Issue 0
Abstract
The legal nature of the rights derived from the patent was object of numerous theories and discussions in literature. Their main features represent recognized characteristics for the property right, nevertheless the limitation in time, in space and the ubiquity make the difference. Especially for new medicinal or plant protection products, due to the limitation in time, the period of effective protection under the patent is insufficient to cover the investment put into the research. There exists a risk of research centres situated in the Member States relocating to countries that offer greater protection. The uniform solution at Community level was created in form of regulations, as the most appropriate legal instrument to prevent the heterogeneous development of national patent laws affecting the free movement of products in the internal market. The duration of the protection granted by the patent may be extended to additional 5 years, by a supplementary protection certificate, granted, under same conditions provided by the regulation, by each Member State. The Community regulations created a legal form of a new national sui generis right, belonging both to the intellectual property right, namely patent right, and the administrative right of the marketing authorization. The main objective of the paper consists in informing the Romanian specialists in the field about the latest evolutions in intellectual property rights, especially in protection of the inventions, as a consequence of Romania’s accession to the European Community.
Authors and Affiliations
BUCURA IONESCU
Keywords
Related Articles
- EP ID EP157589
- DOI -
- Views 118
- Downloads 0
THEORETICAL ASPECTS REGARDING THE NEW OFFENSE COVERED BY ART. 246 OF THE CRIMINAL CODE MISSAPPROPRIATION OF PUBLIC AUCTIONS AND OFFENCES COVERED BY ART. 65 OF LAW NO. 21/1996 REPUBLISHED. COMPETITION LAW
The present study aims to bring to the attention of the legal law specialists the theoretical aspects related to a new incrimination as the one covered by art. 246 of the Penal Code, the misappropriation of public auctio...
CHARACTERISTICS OF THE CONSUMER PREFERENCES RESEARCH PROCESS
Information is one of the most important resources that a company must possess. Some information is hidden deep in the black box - the mind of the consumer, as in the case of information about consumer preferences. Altho...
APPLICATION OF CASH FLOW RETURN ON INVESTMENT IN TERMS OF FINANCIAL PERFORMANCE MEASUREMENT
Value based financial performance measures are generally presented as a major improvement over the traditional performance measures. By including a company´s cost of capital in their calculation they could be applied in...
THE EUROPEAN CENTRAL BANK AND THE EUROZONE CRISIS MANAGEMENT
The Euro is the single currency shared by 17 of the European Union's Member States, which together make up the Euro area. Since its introduction, in January 2002, it became the second most traded currency in the world af...
THE COPYRIGHT IN THE INFORMATION SOCIETY
The contemporary society has imposed new demands in the development and application of copyright as a result of structural changes which occur as a result of developments in science, technology and especially communicati...