(41) According to IP attorneys, the First-to-File System of the industrial property rights
raises questions about the protection of unpatented technology due to the lack of prior filing or registration procedure.
Without the publication of the assignment at the Industrial Property Gazette, the assignee will not be able to defend its ownership on the assigned trademarks or initiate court proceedings against infringers that violate the industrial property rights
. Further to that, BACEN will require the prior recordation of the assignment in order to authorize remittances of payment from the acquisitions of trademark applications/registrations.
Ankara should continue efforts to create an attractive business environment in Turkey by, for instance, reducing the time and costs needed to set up a company and by ensuring harmonisation with EU provisions on company law and protection of intellectual and industrial property rights
The designer is now opposingathe registration of a modification of the graphic trade mark Elizabeth Emanuel and seeking revocation of the related industrial property rights
, alleging that, "since the links between it and her personally have been broken", the mark no longer reflects reality and is deceptive.
Utility models are registered industrial property rights
granting holders exclusive protection for technical inventions, especially those with a limited degree of inventiveness or a relatively short exploitation span.
Moreover, the term "intellectual property rights also covers industrial property rights
The compulsory licence system aims to provide guarantees against abuse of industrial property rights
established through patents.
In the Advocate-General's Opinion, this type of designation, entirely distinct from a geographical designation, cannot aspire to the protection accorded to industrial property rights
. Neither will it be protected in accordance with the principles of fair competition, since it is not such as to mislead consumers as to the origin of the product and would, instead, constitute an unjustified advantage for producers established in a particular place over their competitors.
As in virtually every Commission document on enlargement, there is also stress on reinforcing administrative and judicial capacity - and to stimulate business, the focus should be on enforcement of intellectual, commercial and industrial property rights
; effective application of competition rules and environmental legislation; completing the transposition of public procurement legislation; or completing the transposition and implementation of consumer policy.
"This new user-friendly tool to protect industrial property rights
should benefit all companies in Europe and in particular SMEs which will now be able to protect and enforce the fruit of their creativity more easily and should facilitate their access to new markets", UNICE said in a statement on December 13.