The Similar And Different Regulations On Indu
the option to delay registration at the time of filing your application or at any time before it is registered.
4. The main regulations on proprietor’s rights
4.1 Marking rights on a product or it’s packing
The patentee has the right to affix a patent marking and to indicate the number of the patent on the patented product or on the packing of that product. You do not have to mark your design in order to indicate that it is registered as a design, but marking dose give you extra protection. The proper mark is a capital “D” inside a circle and the name, or abbreviation thereof, of the design’s proprietor on the article, its label or packaging.
4.2 Enforcing your rights from infringement
As proprietor, you may take legal action against anyone who infringes your design in Canada, it is your responsibility to take such action and you must do so within three years of the alleged infringement.
In China where a dispute arises as a result of the exploitation of a patent without the authorization of patentee, that is, the infringement of the patent right of the patentee, it shall be titled through consultation by the parties. Where the parties are not willing to consult with each other or where the consultation fails, the patentee or any interested party may institute legal proceedings in the People’s court or request the administrative authority fall patent affairs to handle the matter. Prescription for instituting legal proceedings concerning the infringement of patent right is two years counted from the date on which the patentee of any interested party obtains or should have obtained knowledge of the infringing act.
4.3 Marketing rights
In both countries, as the proprietor of a registered industrial design, you have the exclusive right to make, import for trade or business, rent or sell a product incorporating that or a similar design. You may also sell all or some of your rights to others( this is referred to as an assignment) or, you can simply authorize others to use the design subject to stated conditions( this is referred to as a license).
4.4 Registration outside the native country or for international protection
Generally, industrial design protection is limited to the country in which protection is granted. Under the Hague Agreement Concerning the International Deposit of Industrial Designs, a WIPO-administered treaty, a procedure for an international registration is offered. An applicant can file a single international d 《The Similar And Different Regulations On Indu(第7页)》
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4. The main regulations on proprietor’s rights
4.1 Marking rights on a product or it’s packing
The patentee has the right to affix a patent marking and to indicate the number of the patent on the patented product or on the packing of that product. You do not have to mark your design in order to indicate that it is registered as a design, but marking dose give you extra protection. The proper mark is a capital “D” inside a circle and the name, or abbreviation thereof, of the design’s proprietor on the article, its label or packaging.
4.2 Enforcing your rights from infringement
As proprietor, you may take legal action against anyone who infringes your design in Canada, it is your responsibility to take such action and you must do so within three years of the alleged infringement.
In China where a dispute arises as a result of the exploitation of a patent without the authorization of patentee, that is, the infringement of the patent right of the patentee, it shall be titled through consultation by the parties. Where the parties are not willing to consult with each other or where the consultation fails, the patentee or any interested party may institute legal proceedings in the People’s court or request the administrative authority fall patent affairs to handle the matter. Prescription for instituting legal proceedings concerning the infringement of patent right is two years counted from the date on which the patentee of any interested party obtains or should have obtained knowledge of the infringing act.
4.3 Marketing rights
In both countries, as the proprietor of a registered industrial design, you have the exclusive right to make, import for trade or business, rent or sell a product incorporating that or a similar design. You may also sell all or some of your rights to others( this is referred to as an assignment) or, you can simply authorize others to use the design subject to stated conditions( this is referred to as a license).
4.4 Registration outside the native country or for international protection
Generally, industrial design protection is limited to the country in which protection is granted. Under the Hague Agreement Concerning the International Deposit of Industrial Designs, a WIPO-administered treaty, a procedure for an international registration is offered. An applicant can file a single international d 《The Similar And Different Regulations On Indu(第7页)》
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