Armenia IP Development

Armenia, officially the Republic of Armenia, is a landlocked, mountainous country in the South Caucasus region of Eurasia. Armenian is the only official language even though Russian is widely used.

Patent

A technical solution in any field related to a product (in particular, a device, a material, a biotechnological product) or a method (a process of performing actions on a material object with the help of material means) can be protected as an invention, including the application of the product or method with a certain meaning. The object, in order to be patented shall meet the following criteria:

-it shall be new (though it shall still be considered as new and the disclosure of the essence of the invention shall not be taken into account, if it happened before the submission of the application for the invention, and in the case of requesting an earlier priority, during the 12 months preceding the year of that priority, by the author or a person who received information about the essence of the invention directly or indirectly from him)

-be inventive, and industrially applicable (can be used in industry, agriculture, healthcare and other fields).

There are some exceptions from the general rule regarding what objects shall not be protected as a patent, which are:

1) scientific discoveries.

2) scientific theories, mathematical methods, and routine provision of information;

3) ways of organizing and managing the economy.

4) conventional signs, orders and rules, including the rules of the game;

5) ways of performing mental operations.

6) schemes and projects of plans of structures, buildings, and areas;

7) those solutions related to the appearance of an object, which have only aesthetic significance.

The author of the patent is considered the physical person who created the invention. If the invention was created by the joint creative work of several persons, they are considered co-authors, each of whom has the right to be recognized as an author, and whose relationship is defined by the contract concluded between them.

The official language for the patent application is Armenian. Supplementing documents can be submitted in foreign language, but the Armenian translation for those is needed to be provided within 3 months after submitting the application. The Agency of Intellectual property of Armenia grants short-term and long-term patents - for 10 and 20 years correspondingly. The period for the patent for staying in force is calculated from the date of submission of the application.

Long-term patents are granted according to the substantive examination of the application which can be requested to be performed within 5 years after the publication of the application.

Based on the application of Patent owner the authorized body can extend the term of the Patent just once and for 5 years. The short term patent is not available for term extending.

Armenia is also a member of the Eurasian Patent Convention. The term for entering the PCT into national phase is 31 months from the priority date. The Armenian legislation does not stipulate the possibility of reinstatement of this term. The term for filing an Armenian patent application claiming priority is 12 months calculating from the priority date. Before the expiration of the time limits established by this law for the commission of certain actions, the applicant or the patent holder may submit an application for the extension of the term to the authorized state body, attaching a document confirming the payment of the state fee established by law. The authorized state body may extend the established deadlines for a maximum of six months.

Foreigners shall have a local representative in case performance of any actions within the relations with the Agency. Official legalization or notarization for the Power of Attorney is not required.

Trademark

Symbols with a graphic image can be registered as trademarks. In Particular:

1) words, phrases, names or slogans;

2) letters or numbers;

3) pictures, images or emblems;

4) three-dimensional images, in particular the appearance of the product or its packaging (packaging);

5) holograms, colors, color combinations or compositions;

6) sound signals;

7) any combination of the symbols listed in paragraphs 1-6 of this part. The term of trademark registration is ten years from the date of application. The term of validity of trademark registration can be extended multiple times for all goods and/or services or a part of them for a period of ten years each time. The application is filed during the last year of the current term of the trademark registration, if this term is expired the trademark may be renewed within a period of 6 months following the expiry of the trademark validity term provided that an additional state fee is paid.

Trademark registration may be canceled on the basis of a court decision made as a result of consideration of a relevant claim submitted to the court or a counterclaim in the case of rights protection, if the trademark has not been used at all in the Republic of Armenia for five consecutive years from the date of trademark registration by the person who has the right to use the mark in relation to the goods and (or) services. The whole national phase for trademark registration lasts for about 6 months, if no objections or notifications regarding future objections is received from third parties or the Agency of IP in RA itself.

Foreigners shall have a local representative in case performance of any actions within the relations with the Agency. Official legalization or notarization for the Power of Attorney is not required.

 

Industrial Design

Industrial design is an ornamental or aesthetic solution to the appearance of an object. Design can be dimensional, such as the shape or surface of an object, or have two-dimensional features, such as patterns, lines, or colors. The application for registration of the industrial design shall be submitted by the author or their successor, that is, the person who owns the right to obtain a patent and in whose name the patent is requested. The period of validity of the industrial design protection patent is five years, counting from the date of submission of the application. The period of validity of an industrial design patent can be extended one or more times, each time for a period of five years, in total until the expiration of twenty-five years from the date of submission of the application. Foreigners shall have a local representative in case performance of any actions within the relations with the Agency. Official legalization or notarization for the Power of Attorney is not required.

 

Copyright

The protection of intellectual property and related rights is granted automatically and does not depend on the official confirmation of this right, registration of the work and the commission of any other action. The author's property rights (copyright) are valid during the author's lifetime and continue to be valid for 70 years after his death. The property rights to a work created in co-authorship are valid for the lifetime of the co-authors and continue to be valid for 70 years after the death of the last of the co-authors.

Copyright right arises upon the creation of a work. A work is considered created if it is expressed in any objective form that allows it to be perceived and does not depend on official confirmation of this right, registration of the work and the commission of any other action. In practice, authorized body may deposit the copyright of the author’s created work, in particular, the authorized body provides with the certificate, which states about the copyright of the work. This action is useful to be performed to be safe in case of any argument arises related to the right of ownership of the work. 

 

Updated by:

 Legelata Law Firm, 2022

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