Laws
Civil Code (Section10)
Chapter 65: Right to an Invention, Utility Model, or Industrial Design
Article 1144. Conditions of Legal Protection of an Invention, Utility Model, or Industrial Design1.The rights to an invention, utility model, or industrial design shall be protected on the condition of issuance of a patent.
2.Legal protection shall be given
1) to an invention, which is a solution that is new, has an inventive level, and is industrially applicable;
2) to a utility model, which is the design realization of means of production and consumer items;
3) to an industrial design, which is an artistic-design solution for a manufacture defining its external appearance and being new, original, and industrially applicable.
3.The requirements applied to an invention, utility model, and industrial design, according to which the right arises to acquire a patent and also the procedure for its issuance by the patent office shall be established by the statute of the Republic of Armenia “On Patents.”
Article 1145. Right to Use of an Invention, Utility Model or Industrial Design
1.The patentholder has the exclusive right to the use of the protected invention, utility model, or industrial design at his discretion.
2.Other persons do not have the right to use the invention, utility model, or industrial design without the permission of the patentholder, with the exception of cases when such use in accordance with the law of the Republic of Armenia “On Patents” is not a violation of the rights of the patentholder.
Article 1146. Disposition of the Right to a Patent
The right to acquire a patent, the rights deriving from the registration of an application, the right to possession of a patent, and the rights deriving from a patent may be transferred in whole or in part to another person.
Article 1147. Right of Creatorship of an Invention, Utility Model, and Industrial Design
1.The creator of an invention, utility model, or industrial design has the right of inventorship and the right of giving a name to the invention, utility model, or industrial design.
2.The right of creatorship and other personal rights to an invention, utility model, or industrial design arise from the time of arising of rights based on a patent.
3.The person indicated in the application as the creator of the invention, utility model, or industrial design, shall be considered the creator until it is proved otherwise.
Article 1148. Cocreators of an Invention, Utility Model, or Industrial Design
1.The mutual relations of cocreators of an invention, utility model, or industrial
design shall be determined by agreement among them.
2.Noncreative support in the creating of an invention, utility model or industrial design (technical or organizational assistance, assistance in formalizing rights, etc.) does not entail cocreatorship.
Article 1149. Employment Inventions, Utility Models, and Industrial Designs
The right to receive a patent for an invention, utility model, or industrial design made by an employee in the fulfillment by him of his employment responsibilities or of a concrete task of the employer (an employment invention) belongs to the employer if this is directly provided in a contract between them.
Article 1150. The Right of the Creator to Remuneration for an Employment Invention, Utility Model, or Industrial Design
The amount, conditions, and procedure for remuneration of a creator for an employment invention, utility model, or industrial design shall be determined by an agreement concluded between him and the employer or, in case of absence of an agreement by decision of a court.
Article 1151. Effectiveness of a Patent on the Territory of the Republic of Armenia
A patent for an invention, patent for a utility model, or patent for an industrial design issued by the patent office of the Republic of Armenia is effective on the territory of the Republic of Armenia.
Patents issued in foreign states or by an international organization are effective on the territory of the Republic of Armenia in the cases provided by international treaties of the Republic of Armenia.
Foreign citizens and legal persons or their legal successors have the right to acquire, in the Republic of Armenia, a patent for an invention, a patent for a utility model, or a patent for an industrial design if a solution that is the subject of an application by the established procedure satisfies the requirements applied by the statute of the Republic of Armenia “On Patents” for an invention, utility model, or industrial design.
Article 1152. Time Period of Effectiveness of a Patent
The time period of effectiveness of a patent is established by the statute of the Republic of Armenia “On Patents.”
Article 1153. Form of a Contract on Transfer of the Right to a Patent and Registration of the Rights Arising from the Contract
1.A contract for the assignment of a patent must be concluded in written form and the rights arising from the contract are subject to registration at the patent office.
2.Nonobservance of written form or of the requirement of shall entail the invalidity of the contract.
Article 1154. Form of a Licensing and Sublicensing Contract and Registration of Rights Arising From Them
1.A licensing contract or sublicensing contract shall be concluded in written form and the rights arising from these contracts shall be subject to registration at the patent office.
2.Nonobservance of the written form or the requirement of registration shall entail the invalidity of the contract.
Article 1155. Liability for Infringement of a Patent
Upon demand of the patentholder the infringement of a patent must be terminated and the infringer shall be obligated to compensate the patentholder for the losses borne by it.
Article 1156. Limitation of the Rights of a Patentholder
The bases for the limitation of rights of a patentholder, conditions for termination (or annulment) of a patent, of recognizing it as invalid, issuance of compulsory licenses, and compulsory alienation of patents are established by the statute of the Republic of Armenia “On Patents.”
