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LAW OF THE REPUBLIC OF ARMENIA

of March 30, 2021 No. ZR-109

About industrial design

Accepted by National Assembly of the Republic of Armenia on March 3, 2021

Chapter 1. Basic provisions

Article 1. Subject of regulation of the Law

1. This Law governs the property and personal non-property relations connected with creation, legal protection and use of industrial design.

Article 2. The basic concepts used in the Law

1. In this Law the following basic concepts are used:

1) Parisian convention - The Parisian convention on protection of industrial property signed on March 20, 1883 in Paris with all further changes and amendments;

2) Lokarnsky agreement - The Lokarnsky agreement on organization of the International Classification of Industrial Designs (ICID) signed on October 8, 1968 in Locarno;

3) Geneva act of the Hague agreement on the international registration of industrial designs (Hague agreement) - The Hague agreement on the international registration of industrial designs changed and accepted on July 2, 1999 in Geneva;

4) the state authorized body - body of system of public administration in the sphere of intellectual property which functions connected with protection of intellectual property, and also other functions provided by this Law, according to the procedure, provided by this Law, the office of this body of intellectual property performs;

5) council on appeal - the council created in the state authorized body which, according to the charter, resolves the matters of argument connected with legal protection of objects of industrial property;

6) the patent - the document issued according to the procedure, established by this Law which, according to this Law, confirms the fact of provision of legal protection to industrial design and thereof - exclusive right on industrial design;

7) person - physical person, the individual entrepreneur, the organization;

8) the applicant - person addressed to whom the patent is requested;

9) the patentee - person owning the license;

10) the request - the document package represented to the state authorized body for the purpose of receipt of the patent, according to the procedure, established by this Law;

11) the representative - person, authorized to represent in the state authorized body of the applicant, patentee or other interested person;

12) date - day, month, year;

13) mutatis mutandis (mutatis mutandis) - with corresponding changes (in sense of the Agreement on trade aspects of intellectual property rights (TRIPS));

14) the registered industrial design - the industrial design protected by the patent granted according to this Law, or the international procedure based on the submitted application;

15) the unregistered industrial design - industrial design which, according to this Law, is protected without application;

16) the international request - the application for the international registration of industrial design submitted to the state authorized body according to the Hague agreement;

17) the international registration - the registration of industrial design performed according to the Hague Convention;

18) Protocol to the Eurasian patent convention - The protocol on protection of industrial designs to the Eurasian patent convention signed on September 9, 1994 in Moscow;

19) the Eurasian request - the application for receipt of the Eurasian patent which, according to the Protocol to the Eurasian patent convention, is submitted to the state authorized body;

20) the Eurasian patent - the patent granted according to the Protocol to the Eurasian patent convention.

Article 3. Legislation on industrial design

1. The legislation on industrial design consists of the Constitution of the Republic of Armenia, the Civil code of the Republic of Armenia, this Law and other legal acts.

2. In case of contradictions between regulations of the international treaties ratified by the Republic of Armenia, and this Law regulations of international treaties are applied.

Article 4. Basis of legal protection of industrial design

1. In the territory of the Republic of Armenia are protected:

1) industrial design, patent according to the procedure, established by this Law, the right to which is confirmed with the patent;

2) industrial design with the international registration according to the Hague agreement, according to this Law;

3) the unregistered design if it became socially available according to this Law.

2. Protection according to the legislation on copyright as to object of exclusive right of the patentee or, from its consent, other person can be also provided to the industrial design protected according to this Law from the date of its creation or fixing in any form.

3. Recognition of the rights provided by this Law does not exclude and does not limit the rights to intellectual property items granted by other legal acts to the same person or, from its consent, to other person which concern, in particular, trademarks, geographical samples, inventions, topology of integrated chips, printing fonts, prevention of unfair competition.

4. According to the Protocol to the Eurasian patent convention, in the territory of the Republic of Armenia all rights following from the Eurasian patent are recognized and protected.

Article 5. Rights of foreign persons

1. According to international treaties with participations of the Republic of Armenia or by the principle of reciprocity foreign physical persons and the organizations (further - the foreign person) have the rights and bear responsibility, provided by this Law, on an equal basis with citizens and the organizations of the Republic of Armenia.

2. To use the principle of reciprocity, availability of reciprocity proves person wishing to use it.

Article 6. State authorized body

1. Within this Law enters the main functions of the state authorized body:

1) acceptance and consideration of requests for industrial design, conducting their examination, publication of requests, state registration of industrial design, delivery of patents on behalf of the state;

2) receipt of notifications of the International bureau of World Intellectual Property Organization (further - the International bureau), conducting their examination and provision of legal protection in the territory of the Republic of Armenia;

3) maintaining and contents of the state register of the industrial designs and other registers provided by this Law;

4) registration of assignment of rights for industrial designs and licenses for industrial designs;

5) providing the information provided by this Law concerning industrial designs;

6) performance as department receiver according to the procedure, established by this Law for the international applications submitted according to the procedure of the Hague Convention, and the Eurasian applications submitted according to the procedure of the Protocol to the Eurasian patent convention;

7) representation of the Republic of Armenia in the foreign and international organizations in the sphere of industrial design;

8) representation of objections against issue of the Eurasian patent.

2. The state authorized body has the official sheet under the name "Industrial property" in which publishes data on requests for industrial designs and the granted patents, and also other data concerning its activities.

3. The state authorized body provides availability of data on industrial designs and patents to the public electronically.

4. The state authorized body has the council on appeal consisting of the chairman and eight members who combine the work in council with the positions of public service held by them. The staff of council on appeal is approved by the head of the state authorized body. The charter of council on appeal, claim treatment procedure, statements and objections approves the Government.

Article 7. Provision of information of the public

1. Any person, according to the statement, on condition of payment of the state fee established by the law, can study the documents concerning requests and to get acquainted with the materials concerning the acquired or registered rights taking into account requirements, the stipulated in Clause 8 these Laws.

2. Based on the submitted applications the state authorized body renders services in the procedure established by it to any person.

Article 8. Confidentiality of clerical work according to requests

1. Determination of confidentiality level of the industrial designs containing the data which are the state or official secret their use and publication of information about them are performed according to the procedure, established by the Government.

2. According to the Law "About the State and Official Secret", all documents of the request including data on the object which is considered confidential (the request for the secret site) are constituted and considered according to requirements of the specified law.

3. Before publication of data on requests for industrial designs in the official sheet of the state authorized body their materials are considered as confidential.

4. The materials which are considered confidential according to part 3 of this Article, and also for acquaintance of the bodies performing pretrial investigation on criminal cases become available only from written consent or permission of the applicant, and for court - in the procedure established by the law. At the same time, the specified materials are considered available to acquaintance if it is possible to get acquainted with them by the method which is not forbidden by the law.

5. Any person who proves that the applicant in writing informed him on contents of the request and required legal amount can get acquainted with the materials which are considered confidential according to part 3 of this Article without the additional consent or permission of the applicant.

6. Before publication of data on the request for industrial design in the official sheet the state authorized body can open or provide to the third parties the following data:

1) requisition number;

2) date of application, and in case of priority purchase - also date, number and the country of submission of the first request;

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