TERM OF THE PATENT. PREMISES FOR THE CREATION OF THE SUPPLEMENTARY PROTECTION CERTIFICATE
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 ne...
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2013-05-01
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| Series: | Challenges of the Knowledge Society |
| Subjects: | |
| Online Access: | http://cks.univnt.ro/uploads/cks_2013_articles/index.php?dir=1_Juridical_Sciences%2F&download=cks_2013_law_art_085.pdf |
| _version_ | 1818427114489118720 |
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| author | BUCURA IONESCU |
| author_facet | BUCURA IONESCU |
| author_sort | BUCURA IONESCU |
| collection | DOAJ |
| description | 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. |
| first_indexed | 2024-12-14T14:40:35Z |
| format | Article |
| id | doaj.art-75cc19fae8af49598b0edb67a13fd2d5 |
| institution | Directory Open Access Journal |
| issn | 2068-7796 2068-7796 |
| language | English |
| last_indexed | 2024-12-14T14:40:35Z |
| publishDate | 2013-05-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj.art-75cc19fae8af49598b0edb67a13fd2d52022-12-21T22:57:26ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962068-77962013-05-013-730744TERM OF THE PATENT. PREMISES FOR THE CREATION OF THE SUPPLEMENTARY PROTECTION CERTIFICATEBUCURA IONESCU0PhD, engineering and law degree, Director of the Patent Directorate, State Office for Inventions and Trademarks, Romania (bucura.ionescu@osim.ro).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.http://cks.univnt.ro/uploads/cks_2013_articles/index.php?dir=1_Juridical_Sciences%2F&download=cks_2013_law_art_085.pdfPatent rightsLegal characterTerm of the patentMedicinal productsPlant protection productsExtension of termUniform legislationSupplementary Protection CertificateCouncil Regulations. |
| spellingShingle | BUCURA IONESCU TERM OF THE PATENT. PREMISES FOR THE CREATION OF THE SUPPLEMENTARY PROTECTION CERTIFICATE Challenges of the Knowledge Society Patent rights Legal character Term of the patent Medicinal products Plant protection products Extension of term Uniform legislation Supplementary Protection Certificate Council Regulations. |
| title | TERM OF THE PATENT. PREMISES FOR THE CREATION OF THE SUPPLEMENTARY PROTECTION CERTIFICATE |
| title_full | TERM OF THE PATENT. PREMISES FOR THE CREATION OF THE SUPPLEMENTARY PROTECTION CERTIFICATE |
| title_fullStr | TERM OF THE PATENT. PREMISES FOR THE CREATION OF THE SUPPLEMENTARY PROTECTION CERTIFICATE |
| title_full_unstemmed | TERM OF THE PATENT. PREMISES FOR THE CREATION OF THE SUPPLEMENTARY PROTECTION CERTIFICATE |
| title_short | TERM OF THE PATENT. PREMISES FOR THE CREATION OF THE SUPPLEMENTARY PROTECTION CERTIFICATE |
| title_sort | term of the patent premises for the creation of the supplementary protection certificate |
| topic | Patent rights Legal character Term of the patent Medicinal products Plant protection products Extension of term Uniform legislation Supplementary Protection Certificate Council Regulations. |
| url | http://cks.univnt.ro/uploads/cks_2013_articles/index.php?dir=1_Juridical_Sciences%2F&download=cks_2013_law_art_085.pdf |
| work_keys_str_mv | AT bucuraionescu termofthepatentpremisesforthecreationofthesupplementaryprotectioncertificate |