Patents
1) Patents are to be granted for inventions that are new, involve an inventive step and are industrially applicable.
2) An invention is defined as "an idea of an inventor which permits in practice the solution to a specific problem in the field of technology". Certain ideas are, however, specifically excluded from protection including: methods of doing business, purely mental acts, methods of treatment of human or animal bodies by surgery or therapy or of diagnosis practiced on the human body and inventions whose commercial exploitation would be contrary to public order or morality.
3) Novelty is to be determined on an absolute basis so that prior art includes everything disclosed to the public anywhere in the world by publication in tangible form or by oral disclosure, by use or in any other way. However, there is to be a one-year grace period for acts of the applicant or his predecessor. The grace period will run up to the date of filing in Bhutan, or where relevant, a priority date.
4) The duration of protection is twenty years from the filing date, subject to the payment of annual maintenance fees.
5) Examination will be purely formal but patents will be subject to invalidation actions before the courts.
2) An invention is defined as "an idea of an inventor which permits in practice the solution to a specific problem in the field of technology". Certain ideas are, however, specifically excluded from protection including: methods of doing business, purely mental acts, methods of treatment of human or animal bodies by surgery or therapy or of diagnosis practiced on the human body and inventions whose commercial exploitation would be contrary to public order or morality.
3) Novelty is to be determined on an absolute basis so that prior art includes everything disclosed to the public anywhere in the world by publication in tangible form or by oral disclosure, by use or in any other way. However, there is to be a one-year grace period for acts of the applicant or his predecessor. The grace period will run up to the date of filing in Bhutan, or where relevant, a priority date.
4) The duration of protection is twenty years from the filing date, subject to the payment of annual maintenance fees.
5) Examination will be purely formal but patents will be subject to invalidation actions before the courts.
Designs
1) Design protection is for features that give "a special appearance" to a product of industry or handicraft and can serve as a pattern for a product of industry or handicraft wherein the design "appeals to and is judged by the eye". Protection does not extend to anything in the design which serves solely to obtain a technical result or which leaves no freedom as regards arbitrary features of appearance.
2) Novelty is to be determined on a local basis only so that publication outside Bhutan prior to filing an application for protection in Bhutan will not preclude the grant of valid protection.
3) Designs will initially be registered for a period of five years and may be renewed for two subsequent five-year periods.
2) Novelty is to be determined on a local basis only so that publication outside Bhutan prior to filing an application for protection in Bhutan will not preclude the grant of valid protection.
3) Designs will initially be registered for a period of five years and may be renewed for two subsequent five-year periods.
Trademarks
1) Service marks and collective marks may now be registered.
2) A single application may be filed in respect of multiple classes, in accordance with the International Classification of Goods and Services.
3) Registrations are granted for a term of 10 years from the filing date of the application and may be renewed for further 10-year periods.
4) Applications are published for opposition purposes and opposition proceedings may be instituted within 3 months from publication.
5) Trademark registrations are subject to cancellation for unjustified non-use for any continuous period of 3 or more years.
6) The owner of a registered trademark may institute court proceedings for infringement against the unauthorized use of a confusingly similar mark.
7) The assignment of a trademark to a third party must include goodwill and recordal of the assignment is mandatory to be effective against third parties.
8) Licensing is recognized and the licensor must provide for effective quality control of the goods or services for which the mark will be used. Recordal of the license is mandatory to be effective against third parties.
9) Unfair competition provisions are included. The unlawful act of unfair competition is defined as any act of competition which is contrary to honest practices in industrial or commercial matters.
2) A single application may be filed in respect of multiple classes, in accordance with the International Classification of Goods and Services.
3) Registrations are granted for a term of 10 years from the filing date of the application and may be renewed for further 10-year periods.
4) Applications are published for opposition purposes and opposition proceedings may be instituted within 3 months from publication.
5) Trademark registrations are subject to cancellation for unjustified non-use for any continuous period of 3 or more years.
6) The owner of a registered trademark may institute court proceedings for infringement against the unauthorized use of a confusingly similar mark.
7) The assignment of a trademark to a third party must include goodwill and recordal of the assignment is mandatory to be effective against third parties.
8) Licensing is recognized and the licensor must provide for effective quality control of the goods or services for which the mark will be used. Recordal of the license is mandatory to be effective against third parties.
9) Unfair competition provisions are included. The unlawful act of unfair competition is defined as any act of competition which is contrary to honest practices in industrial or commercial matters.
December 1997 Index