Trademarks
A trademark is a mark that identifies and distinguishes the source of goods used in commercial activities of one party, such as a company or an individual, from others. To register a trademark is becoming more and more important as the number of goods and services increases in society. Today a trademark can command very high values and in some cases even higher than a machine park or a production facility.
A trademark may for example consist of a word, phrase or symbol or a combination of these. The product itself or the products packaging may also function as a trademark, as in the case of an imaginatively designed perfume bottle. Sounds, melodies and colours may also be registered as a trademark.
The right to a trademark means that no one but the owner of the trademark may use it in association with their product or their services, whether on a product or its packaging in advertising on a business document or other commercial activities. In other words a trademark entitles you to prevent others from copying or stealing what you have created.
A trademark registration is usually valid for ten years and may subsequently be renewed for ten years at a time. If a trademark application leads to a registration, the protection is applied from the filling date of the application. In the event of an infringement of this exclusive right, the owner of the trademark may sue the offender in a general court of law. The court has the power to prohibit any further infringement and to order damages to be paid. In certain circumstances, the infringement may be punishable by fines or a term of imprisonment. If a registered trademark has not been used for an uninterrupted period of five years, the registration may be declared null and void via a general court of law.
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Patents
A patent is an exclusive right to exploit an invention, i.e. a technical solution a problem. A patent can be valid for a maximum of 20 years, but some medicines and pesticides it is also possible to get another five years of protection.
The exclusive right protected by a patent implies that no one may use the invention for professional purposes, for example using, manufacturing, selling or importing the invention without your permission. When the patent expires, so does your exclusive right. From then on, anyone is free to use your invention.
The purpose of the patent system is to encourage technological development in society. As an inventor, you are rewarded with a patent in return for permitting the State to make your invention public. That way, other people have the opportunity of learning from it and developing it further.
Not only pioneering inventions- where all the elements are new can be protected. The vast majority of patents concern further developments of known technology.
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