What power does a court have over infringing goods and materials?
Courts can order the destruction or disposal of infringing goods and all materials used to create them.
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Is removing the trademark enough to permit the release of counterfeit goods?
Removing a trademark from counterfeit goods is usually insufficient to allow those goods to re-enter commercial channels.
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How long is a layout-design registration valid and when does its protection begin?
Layout-design registration lasts ten years without renewal, starting from first commercial exploitation or the filing date.
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What specific rights are conferred to the owner of a registered layout-design?
Owners of layout-designs hold exclusive rights to reproduce, sell, and distribute their designs or articles containing them.
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What are the grounds for cancelling the registration of a layout-design of an integrated circuit?
Layout-designs face cancellation for non-protectability, lack of entitlement, or late filing after commercial exploitation.
How does the “First to File Rule” apply to industrial designs and layout-designs?
The First to File rule applies to both industrial and layout designs, prioritizing the earliest filing date.
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What is the grace period for paying the renewal fee of an industrial design registration?
A six-month grace period with a surcharge allows industrial design renewal after the initial expiration date.
Can an industrial design registration be partially cancelled?
Cancellation of an industrial design can be limited to specific parts, potentially through altering the design’s features.
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What happens if a layout-design is created independently by a third party?
Layout-design owners cannot stop third parties from using identical designs that were created independently and originally.
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What is a Layout-Design according to the Intellectual Property Code?
Layout-designs are three-dimensional dispositions of active elements and interconnections within an integrated circuit structure.
What is a Layout-Design according to the Intellectual Property Code? Read More »
