Laws
The comment concerning the basic innovations in new laws of Turkmenistan in sphere of the industrial propertyLaw of Turkmenistan about inventions and industrial designs To number of the basic innovations in this Law it is possible to indicate an introduction besides a formal examination and examination in essence, the so-called limited examination, with conducting of search only with use of local information's sources and granting on its basis of the limited patents with validity of 10 years. For comparison we shall notice, that in the former Patent law from 1993 there was an opportunity of granting of the provisional patent on the basis of formal examination with validity of 5 years or the patent with validity of 20 years on the basis of examination on absolute novelty, inventive step and industrial applicability. The provisional patent with five years' validity as practice has shown was mostly the patent of prestige, instead of the commercial patent. It is well known that development of any innovation and its consummation up to a level of market requires creating of manufacture, and corresponding materials, the equipment, the industrial premises, the appropriate staff etc. The enforcement of these conditions within five years' the majority owners of the provisional patents could not and in result they had not opportunities to receive appreciable commercial benefit from use of the patent. After five years the invention or an industrial designs created by them was public ownership. The new law providing receiving of limited patents with validity of 10 years corrects such situation. Now owners of the limited patents can have additional 5 years for exclusive use of the created innovation and reception from it of commercial benefit. In result is created the additional opportunity for the accelerated involving in industrial production of the newest domestic and foreign technical achievements in various areas of a science and technics and their wide use by the industry and the population of our country.Last Updated ( Tuesday, 12 May 2009 15:29 ) |
|
|
|
|
Laws