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Законодательство разных стран по торговым маркам и интеллектуальной собственности |
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(Act No. 342
of June 6, 1991)* |
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(1) A collective mark is an
association mark or a certification mark. |
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(2) An association mark is a
specific sign which belongs to an association of enterprises and which is
used or intended to be used by its members for goods or
services. |
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(3) A certification mark is a
specific sign which belongs to a legal entity supervising or laying down
standards for goods or services and which is used or is intended to be
used for the goods or services which are the object of supervision or for
which standards are laid down. |
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2. The rules of the
Trademarks Act shall apply to collective marks to the extent they are
applicable according to their nature, unless otherwise provided for in the
following Sections. |
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3. Signs or indications
which may serve in trade to designate the geographical origin of the goods
or services may, irrespective of the provision of Section 13(2)(i)
of the Trademarks Act,1 constitute a collective mark. The mark
shall not entitle the proprietor to prohibit a third party from using such
signs or indications in the course of trade, provided that he uses them in
accordance with honest practices in industrial or commercial matters. In
particular, the mark may not be invoked against any third party who is
entitled to use a certain geographical name. |
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(1) Collective marks shall be
registered in the Register of Collective Marks. |
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(2) Applications for the
registration of collective marks shall contain the information referred to
in Section 12
of the Trademarks Act and shall state the conditions which have been
laid down for the use of the mark. |
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(3) The Minister of Industry shall
lay down further provisions concerning applications, priority claims, cf.
Sections 18
and 19
of the Trademarks Act, registrations and deletions of collective
marks, the arrangement and keeping of the Register, the publication of
registrations, etc., and concerning fees for the filing and processing of
applications, handling fees, fees for office copies, etc. |
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5. The proprietor shall
communicate any later amendments in the conditions concerning the use of
the mark to the Patent Office within three months after the amendments
have been adopted. |
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6. The transfer of a
registered collective mark may be entered in the Register unless, after
the transfer, the mark is liable to mislead. |
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(i) use of an association mark by
at least one enterprise which is entitled to use the mark; |
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(ii) use of a certification mark
by at least one enterprise with the consent of the proprietor. |
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8. The registration of a
collective mark may be revoked if: |
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(ii) the mark is contrary to
general public interest; or |
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(iii) the proprietor has not
communicated amendments of the conditions laid down for the use of the
mark. |
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9. Proceedings concerning
infringement of a collective mark shall only be brought by the proprietor
of the mark. The party who infringes a right in a collective mark and who
is liable to pay damages pursuant to the Trademarks Act shall be liable to
compensate the loss suffered by the proprietor of the mark or by the
persons entitled to use the mark. |
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10. If the Minister of
Industry transfers his authority under this Act to the Patent Office, the
Minister may lay down rules concerning the right of appeal, including
rules to the effect that appeals may not be brought before any higher
administrative authority. |
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(1) This Act shall enter into
force on January 1, 1992, and at the same time the Consolidated
Collective Marks Act, No. 250 of April 17, 1989, shall be
repealed. |
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(2) The administrative rules laid
down pursuant to the Consolidated Collective Marks Act, cf. subsection (1),
shall remain in force until they are replaced by provisions issued under
this Act. |
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12. Applications which, at
the time of entry into force of this Act, have not been published in
accordance with the previous provisions shall be processed pursuant to the
provisions of this Act. |
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13. This Act shall not
apply to the Faroe Islands and Greenland, but may by Royal Decree be put
into force for the Faroe Islands and Greenland with the amendments deemed
appropriate considering the special Faroese and Greenland
conditions. |
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Ordinance on the
Entry Into Force of the
Trademarks Act and the Collective Marks
Act
for Greenland |
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(No. 856 of
December 16, 1991)* |
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1. The said Acts shall
enter into force for Greenland on January 1, 1992, with the
following amendments: |
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(1) Intentional infringement of a
trademark right established by registration or use shall be punished with
a fine, unless heavier penalties are prescribed by other legislative
texts. |
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(2) Cases under
subsection (1) shall be treated according to the law applicable in
Greenland. |
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(3) If the violation has been
committed by a limited liability company, a private limited company, a
cooperative society or the like, the enterprise as such may be liable to a
fine. If the violation has been committed by the State or by the local
administration, a municipality or a municipal corporation of Greenland,
cf. Section 57 of the Law on the Parliament [Landsting], the
State or the municipality or municipal corporation, as such, may be liable
to a fine.” |
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2. This Ordinance shall
enter into force on the date of its publication in the law journal
Lovtidende. |
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ГЛАВНАЯ
ТОРГОВЫЕ МАРКИ
МАГАЗИН ТОРГОВЫХ
