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Laws

Adopted on 10 June 2008

Law on Inventions, Utility Models and Industrial designs

• Chapter 1 - General Provisions
• Chapter 2 - Legal Protection of Invention and Utility Model
• Chapter 3 - Legal Protection of Industrial Design
• Chapter 4 - Filing the Application with the Authorized Body
• Chapter 5 - Filing the Application and Formal Requirements to it
• Chapter 6 - Special Reqirments to Applications on Invention and Utility Models
• Chapter 7 - Special Reqirments for Industrial Designs
• Chapter 8 - Maintenance of Rights and State Registers
• Chapter 9 - Compulsory Licenses
• Chapter 10 - Representation
• Chapter 11 - Final and Transitional Provisions

Chapter 10: Representation

Article 72. Representations Before the State Authorized Body

(1) The applicant, patent owner, other interested person may conduct the proceedings with the State Authorized Body with the help of a representative. The representative shall be appointed by a Power of Attorney, which shall be in written form.

(2) The party making the appointment may appoint one or several representatives for each or all actions, which are provided in the procedure of the State Authorized Body. If several representatives are appointed and the appointing party does not name one with whom the State Authorized Body shall conduct the proceedings, then it shall be communicated to the representative who is named first.

(3) The party making the appointment may, in a general Power of Attorney, authorize a representative the actions in respect of all applications, of the same applicant, already filed or to be filed with the State Authorized Body. In this case the original of the Power of Attorney (verified copy) is submitted for one of the applications, and for the rest of applications the copies of the Power of Attorney are submitted, on which the number of application where the original (verified copy) is kept is indicated.

(4) The Power of Attorney shall be submitted to the State Authorized Body when filing the application or within three months from the receipt of the invitation. If the Power of Attorney is not submitted in due time, the representative is deemed not to have been appointed and his actions are considered illegal and are not taken into consideration.

Article 73. Representation of Foreign Persons

(1) Foreign natural and legal persons having neither residence nor real and effective industrial or commercial establishment in the Republic of Armenia, hereinafter referred to as "foreign persons", shall assert their rights under this Law in proceedings before the State Authorized Body through a representative, unless otherwise provided by the international agreements of the Republic of Armenia.

(2) Notwithstanding paragraph (1) and subject to paragraph (3) of this Law, a foreign person may file applications with the State Authorized Body, perform actions relating to the filing date, pay state fees in the proceedings, file verified copies of first applications when claiming the right of priority under Article 30 of this Law, and receive notifications from the State Authorized Body relating to those proceedings, without a representative.

(3) If a foreign person, under paragraph (2) of this Article, does not have a representative in the proceedings before the State Authorized Body, he shall communicate to the State Authorized Body an address for correspondence, which shall be in the territory of the Republic of Armenia. Any notification referred to in paragraph (2) of this Article, which the State Authorized Body sends to the address for correspondence, shall be deemed to be a sufficient notification.

(4) Notwithstanding the requirements of paragraph (1) of this Article, the annual state fee may be paid by any person.

(5) If a foreign person does not appoint a representative in the proceedings before the State Authorized Body and does not communicate an address for correspondence which is in the territory of the Republic of Armenia, the State Authorized Body shall invite him to appoint, within three months from the receipt of the invitation, a representative and submit a Power of Attorney or, in accordance with paragraph (3), communicate an address for correspondence. If the foreign person does not appoint a representative and does not submit a Power of Attorney or, in accordance with paragraph (3), fails to communicate an address for correspondence in due time, the State Authorized Body shall reject any request concerning the proceedings, unless otherwise provided by this Law.

Article 74. Revocation and Renunciation of Power of Attorney

(1) The party making the appointment may, at any time, revoke the Power of Attorney, and the representative may, at any time, renounce his appointment informing accordingly the State Authorized Body.

(2) The decision on revocation made by the party making the appointment shall be effective as from the date of its receipt by the State Authorized Body. The representative’s decision on renunciation of the appointment shall be effective as from the date of receipt by the State Authorized Body, provided that the party appointing the representative is notified about it. In case the appointing party is notified later, the representative’s decision shall be effective as from the date of its receipt by appointing party.

(3) If a foreign person remains without a representative due to the decision of the party appointing the representative on invalidity of the powers of the representative or due to renunciation of his powers by the representative, Article 73 (5) of this Law shall apply mutatis mutandis.

Article 75. Industrial Property Attorneys

(1) The applicant may appoint attorney for the filing application on invention, utility model, industrial design, for correspondence, as well as for the realization of the actions relating to the acquisition and maintenance of rights under this Law. Industrial design attorney shall realize actions only for the parties relating to the acquisition and maintenance of rights on industrial designs, as well as other actions concerning those rights.

(2) Patent attorney may be:
(a) residents of the Republic of Armenia, who have higher education and have passed the qualifying examination for a patent agent at the State Authorized Body;
(b) legal persons, having their seat in the Republic of Armenia, employing at least one person who fulfils the requirements laid down in item (a) of this paragraph.

(3) Industrial design attorney may be:
(a) residents in the Republic of Armenia, who have higher education and have passed the qualification exam for industrial design agents at the State Authorized Body;
(b) legal persons, having their seat in the Republic of Armenia, employing at least one person who fulfils the requirements laid down in item (a) of this paragraph.

(4) Parties realizing actions relating to rights under this Law may be represented by patent attorney and industrial design attorney also before courts and other State authorities, provided that they fulfill the requirements laid down in regulations governing representation before courts and other State authorities, as well as by an authorized person employing for such attorney, provided that he is a national of the Republic of Armenia, has university diploma in law in the Republic of Armenia or has acquired a foreign law degree recognized by the Republic of Armenia, has passed state exam and has a professional experience of at least five years and a good command of the Armenian language. In such cases, the attorney is entitled to be paid for his work in the amount fixed by the attorney's price list and have his costs refunded by the opposing party.

(5) According to the paragraphs (2), (3) of this Article the State Authorized Body shall lead qualification exams in the established order within the meaning of Article 5(3) of this Law.

Article 76. Entry of Attorneys into the Register

(1) The State Authorized Body shall keep the register of patent and of industrial design attorneys.

(2) A state fee established by Law shall be paid for entry in the register. After the payment of the state fee, the State Authorized Body shall make a decision on the entry in the register of patent or industrial design attorneys.

(3) A patent attorney may submit a request to the State Authorized Body to be removed from the register of patent attorneys and entered in the register of industrial design attorneys. An industrial design attorney may submit a request to the State Authorized Body to be removed from the register of industrial design attorneys and entered in the register of patent attorneys provided that he fulfils the requirements of Article 75 (2) of this Law.

(4) Attorneys shall be removed from the register if:
(a) they submit a request for removal;
(b) they are deprived of their right to be engaged in this activity by a court decision.

(5) The following data in particular shall be entered in the register: registration number of the representative, data on the representative (surname, forename or name, address and seat), date of entry in the register and data on person who fulfills the requirements under Article 75 (2)(a) or (3)(a) of this Law and is employed by the agent on a regular or contractual basis (surname, forename, address and education).

(6) The attorney’s activity is regulated by the Statute established by the Government of the Republic of Armenia. Registration of attorneys is realized by the State Authorized Body by the established order under the Article 5 (3) of this Law.