Amendments are made to the patent law: cloning will not be considered a “patent object”, and a minimum share for royalties is determined.
According to Modern.az, the issue is reflected in the amendment to the “Law on Patents” discussed at today's plenary session of the Milli Majlis.
According to the project, it adapts patent procedures to international rules, clarifies claim documents and the priority mechanism, and also establishes new requirements related to genetic resources and traditional knowledge.
According to the new draft law, objects for which patents are not granted are expanded. Thus, methods of human cloning and the clone itself, methods of modifying the genetic integrity of germline cells, and the use of human embryos for industrial purposes are not accepted as patent objects.
Furthermore, objects related to traditional knowledge (with the exception of inventions/utility models/industrial designs based on traditional knowledge) are excluded from patent legal protection.
The project states that if an invention is based on genetic resources, the applicant must provide information about the country of origin or source; when traditional knowledge related to genetic resources is involved, the community or source from which such knowledge was obtained must be disclosed.
The patent right for an invention created by an employee (including a teacher, researcher, doctoral student, master's student, student, etc.) in the course of their service duties or under a written assignment belongs to the employer, unless otherwise stipulated in the contract; at least 50% of the remaining funds after deducting expenses from royalties must be paid to the author.
New restrictions are introduced for industrial designs in the discussed draft law. Thus, artistic and constructive solutions that can mislead the consumer (creating a false impression about the manufacturer, origin, packaging/label, etc.) are not granted protection, except upon application by the exclusive rights holder; state symbols, symbols of international organizations, official marks, as well as names/descriptions of cultural (ethnic/religious) heritage objects belonging to another state without consent, are not protected as industrial designs.
Publication for inventions and utility models is generally indicated as 18 months, and for industrial designs as 6 months; in certain cases, the publication of the claim document is also possible simultaneously with the publication of the patent.
The issue was put to a vote and adopted in the third reading.
