-
What different types of intellectual property rights exist to protect: (a) Inventions (e.g. patents, supplementary protection certificates, rights in trade secrets, confidential information and/or know-how); (b) Brands (e.g. trade marks, cause of action in passing off, rights to prevent unfair competition, association marks, certification marks, hallmarks, designations of origin, geographical indications, traditional speciality guarantees); (c) Other creations, technology and proprietary interests (e.g. copyright, design rights, semiconductor topography rights, plant varieties, database rights, rights in trade secrets, confidential information and/or know-how).
(a) Inventions (e.g. patents, supplementary protection certificates, rights in trade secrets, confidential information and/or know-how);
Inventions are protected by patents for inventions and short-term patents for inventions. Undisclosed information, including trade secrets (know-how), is also protected under Armenian law.
(b) Brands (e.g. trade marks, cause of action in passing off, rights to prevent unfair competition, association marks, certification marks, hallmarks, designations of origin, geographical indications, traditional speciality guarantees);
Brands and other means of individualisation may be protected through trademarks and service marks, collective marks, certification marks, trade names, geographical indications, designations of origin and guaranteed traditional products. Armenian law also provides protection against unfair competition, including against acts creating or likely to create confusion with another economic entity, its activities or goods, anti-competitive acquisition or exercise of exclusive rights in means of individualisation, and acts damaging an economic entity’s reputation or goodwill.
(c) Other creations, technology and proprietary interests (e.g. copyright, design rights, semiconductor topography rights, plant varieties, database rights, rights in trade secrets, confidential information and/or know-how).
Other creations, technology and proprietary interests may be protected by copyright and related rights, industrial design rights, rights in topographies of integrated circuits, rights in new plant varieties and new animal breeds, and rights in undisclosed information, including trade secrets (know-how).
Copyright protects works of science, literature and art, including computer programs and original databases. Related rights protect, inter alia, performances, phonograms, first fixations of films, broadcasts and certain publications. Database makers are also granted related rights where the obtaining, verification or presentation of the database contents involves a substantial qualitative and/or quantitative investment.
-
What is the duration of each of these intellectual property rights? What procedures exist to extend the life of registered rights in appropriate circumstances?
Patents for inventions are protected for 20 years from the filing date, subject to payment of annual fees. The ordinary patent term is not renewable. However, in cases provided by law, the term of a patent relating to certain pharmaceutical or plant-protection products may be extended in accordance with the applicable statutory requirements.
Short-term patents for inventions are protected for 10 years from the filing date, subject to payment of annual fees. The term is not renewable or extendable.
Trademarks, including collective and certification marks, are registered for 10 years from the filing date and may be renewed indefinitely for successive 10-year periods. Renewal may also be requested within a six-month grace period following expiry, subject to payment of an additional state fee.
Trade names are protected for the duration of the existence of the commercial legal entity under that name. A trade name is registered with the state registration of the commercial legal entity and does not require separate periodic renewal.
Geographical indications, designations of origin and guaranteed traditional products are protected without limitation in time, with effect from the filing date, for as long as the applicable conditions for protection continue to be satisfied. The right to use a protected geographical indication or designation of origin is granted for 10 years and may be renewed for successive periods of up to 10 years, provided that the relevant product continues to comply with the applicable specifications. Renewal may also be requested within a six-month grace period following expiry, subject to payment of an additional state fee.
Industrial designs. Registered industrial designs are protected for an initial period of five years from the filing date and may be renewed for further five-year periods up to a maximum term of 25 years. Unregistered industrial designs are protected for three years from the date on which they are first disclosed in Armenia. The term of protection of an unregistered industrial design is not renewable.
Copyright generally subsists for the life of the author and 70 years after the author’s death. Different rules for calculating the term apply in certain cases, including works of joint authorship and anonymous or pseudonymous works. Moral rights are generally protected indefinitely, except for the right of withdrawal, which subsists only during the author’s lifetime. Copyright protection does not require registration or renewal.
Related rights have different terms depending on the relevant right. The economic rights of performers, phonogram producers, producers of the first fixation of films and broadcasting organisations generally subsist for 50 years, calculated in accordance with the statutory rules applicable to the relevant subject matter. Publishers’ rights in the typographical arrangement of publications also subsist for 50 years. Rights arising from the lawful first publication or making available of a previously unpublished work after expiry of copyright subsist for 25 years, while rights in qualifying critical and scientific editions subsist for 30 years. Database makers’ rights subsist for 15 years. A substantial qualitative or quantitative change to the contents of a database involving a substantial new investment may qualify the resulting database for a new 15-year term of protection.
Rights in topographies of integrated circuits subsist for 10 years, calculated from the earlier of (i) the date of the first commercial use of the topography anywhere in the world or (ii) the date of its registration with the competent Armenian authority. The term is not renewable and may not exceed 10 years.
Rights in new plant varieties are granted for 20 years from the date the breeder’s right is granted, or 25 years for fruit trees and grapevines.
Rights in new animal breeds are protected by a patent for a term of 30 years.
Undisclosed information, including trade secrets (know-how), is protected for as long as the information satisfies the statutory requirements for protection, including that it remains undisclosed.
-
Who is the first owner of each of these intellectual property rights and is this different for rights created in the course of employment or under a commission?
Patents. The right to obtain a patent initially belongs to the inventor (author) and is transferable. If an invention is made by an employee in the performance of employment duties or a specific assignment from the employer, the right to obtain the patent belongs to the employer, unless otherwise agreed. If the employer does not file an application or decide to maintain the invention as know-how within three months of being notified of the invention, the right to apply for and obtain the patent passes to the employee. If an invention is made in the performance of a contract which does not directly provide for the creation of an invention, the right to obtain the patent generally belongs to the contractor, unless otherwise agreed.
Trademarks. Rights in an ordinary trademark belong to the person in whose name the mark is registered. A collective mark may be owned by an association of manufacturers, producers, service providers or traders meeting the statutory requirements, while a certification mark may be registered by an accredited certification body and may not be registered in the name of a legal entity producing, importing or selling goods or providing services of the relevant kind.
Trade names. Rights in a trade name belong to the legal entity registered under that name. The trade name is registered simultaneously with the state registration of the commercial organisation or a non-commercial organisation entitled to engage in entrepreneurial activities. Employment and commission rules are not applicable.
Geographical indications, designations of origin and guaranteed traditional products. These rights are not based on individual ownership. Аn application for registration may be filed by a group engaged in the production of the relevant products, in the circumstances prescribed by law, a single producer or the competent state authority may act in place of such a group. The right to use a protected geographical indication or designation of origin is held jointly by producers operating in the relevant geographical area and complying with the applicable product specifications, and other qualifying producers may apply for a right of use.
Industrial designs. Тhe right to obtain protection belongs to the author of the design or the author’s successor in title. If a design is created by an employee in the performance of employment duties or a specific assignment from the employer, the right belongs to the employer, unless otherwise agreed. If the employer does not exercise the right within the statutory period following the author’s notification, the right passes to the author.
Copyright. Copyright initially belongs to the individual author who created the work. If a work is created jointly by two or more persons, copyright belongs jointly to the co-authors. In the case of a work created by an employee in the performance of employment duties or an assignment from the employer, the economic rights belong to the employer, unless otherwise agreed, while the author retains their moral rights. This rule does not apply to certain collective publications specified by law. For commissioned works, any grant or transfer of economic rights to the commissioning party must arise from the applicable agreement.
Related rights. Related rights initially belong to the respective statutory right holder: the performer in respect of a performance; the phonogram producer in respect of a phonogram; the producer of the first fixation of a film in respect of that fixation; the broadcasting organisation in respect of its broadcasts; the publisher in respect of the typographical arrangement of its publications; and the database maker in respect of a qualifying database. If a performance is made by an employee in the course of employment duties or an assignment from the employer, the economic rights in the performance belong to the employer, unless otherwise agreed.
Topographies of integrated circuits. The exclusive right belongs to the creator of the topography or the creator’s successor in title. For a topography created in the course of employment, the exclusive right generally belongs to the employer, and for a topography created under a commission, to the commissioning party, unless otherwise agreed.
New plant varieties. The breeder’s right generally belongs to the person who created, discovered and developed the variety. If the relevant work is carried out in the course of employment or under a commission, the employer or commissioning party is regarded as the breeder, unless otherwise provided by the applicable employment or civil-law contract. The breeder’s successor in title may also hold the breeder’s right.
New animal breeds. The author is the individual or group of individuals whose creative work resulted in the creation of the breed. The breeder may be the author, the author’s heirs, the author’s employer or their successors in title, and the exclusive right in the protected breed belongs to the patent holder. Where the author is not the patent holder, the author retains authorship and a right to remuneration for use of the protected breed.
Undisclosed information, including trade secrets (know-how). The right to protect undisclosed information against unlawful use belongs to its lawful holder, provided that the statutory conditions for protection are satisfied. There is no specific statutory rule automatically allocating such rights to an employer or commissioning party, entitlement therefore depends on who lawfully holds the information and, where relevant, on the applicable contractual arrangements.
-
Which of the intellectual property rights described in section A are registered rights?
Patents for inventions and short-term patents for inventions are registered rights and arise upon the grant of the relevant patent.
Trademarks are registered rights. A trademark may, however, be recognised as well known in Armenia irrespective of whether it is registered. Well-known status is granted by the Board of Appeal of the Armenian Intellectual Property Office (AIPO) upon application.
Trade names are registered together with the state registration of the relevant commercial legal entity.
Geographical indications, designations of origin and guaranteed traditional products are subject to registration. Rights to use protected geographical indications and designations of origin are also recorded in accordance with the applicable statutory procedure.
Industrial designs may be protected as either registered or unregistered designs.
Copyright and related rights arise without registration or other formalities.
Topographies of integrated circuits may be protected with or without registration, with the exclusive right running from the earlier of the date of first commercial use anywhere in the world or the date of registration in Armenia.
New plant varieties and new animal breeds are protected through the grant of patents and registration in the relevant state registers.
Undisclosed information, including trade secrets (know-how), is protected without registration or other formalities, provided that the statutory requirements for protection are satisfied.
-
Who can apply for registration of these intellectual property rights and, briefly, what is the procedure for registration?
Patents. The right to obtain a patent generally belongs to the inventor and may be transferred in accordance with law. In the case of an employee invention, the right generally belongs to the employer unless otherwise agreed. Specific rules also apply to inventions created in educational or research institutions and under certain contractual arrangements. An application may be filed in the name of one or more persons entitled to obtain the patent.
The application is filed with the AIPO and undergoes formal and preliminary examination. For a patent for an invention, the application is generally published after 18 months from the filing date or, where priority is claimed, from the priority date. Following publication, substantive examination is conducted upon a request filed by the applicant or any third party within five years from the filing date. For a short-term patent, following preliminary examination AIPO assesses the invention against the statutory requirements on the basis of publicly available prior-art solutions at its disposal and decides whether to grant or refuse the short-term patent.
Trademarks. An application may be filed by a natural or legal person, directly or through a representative. The application is filed with AIPO and undergoes preliminary examination, publication and substantive examination, including consideration of the applicable grounds for refusal and any third-party observations or oppositions. If the applicable requirements are satisfied, the mark is registered in the State Register.
Well-known trademarks. Any interested person may apply to the AIPO Board of Appeal for recognition of a trademark as well known in Armenia. The application must relate to one trademark and be supported by evidence demonstrating, inter alia, its level of recognition among the relevant public, the period and geographical extent of its use and the goods or services for which it is used. The Board of Appeal considers the application within two months. If the mark is recognised as well known, AIPO records it in the database of well-known trademarks, issues a certificate and publishes the relevant information.
Trade names. A trade name is registered in connection with the state registration of a legal entity. The application is therefore made by the person applying for registration of the commercial legal entity. The proposed trade name is submitted as part of the registration process and is checked for compliance with the statutory requirements. If accepted, it is registered together with the legal entity.
Geographical indications, designations of origin and guaranteed traditional products. An application may generally be filed by a group engaged in the production of the goods concerned and whose products meet the applicable statutory requirements. In the case of a geographical indication or designation of origin, a single natural or legal person may be treated as a group where, at the filing date, that person is the sole producer of the goods concerned. In certain circumstances, the competent state authority responsible for agriculture may also act in place of the group if producers are unable to form one.
The application is filed with AIPO and is examined for compliance with the filing and substantive requirements. If the initial requirements are satisfied, it is published, following which interested persons, state bodies and organisations may file objections. AIPO then conducts substantive examination, considering any objections, and decides whether to register or refuse the application.
Industrial designs. An application may be filed by the designer or their successor in title․ For an employee-created design, the right generally belongs to the employer unless otherwise agreed. Specific rules also apply to designs created in educational or research institutions. The application may be filed by the entitled person personally or through a representative.
The application undergoes formal and preliminary examination and, if the applicable requirements are met, is published. Following publication and consideration of any objections, the AIPO conducts substantive examination and decides whether to grant or refuse the patent.
Topographies of integrated circuits. An application for state registration may be filed by the author or other rightholder, directly or through a representative. If the topography has already been commercially exploited, the application must be filed within two years from its first commercial exploitation. AIPO examines compliance with the statutory registration requirements and, if they are satisfied, enters the topography in the State Register and issues a certificate.
New plant varieties. An application for the grant of a breeder’s right may be filed by the breeder, including the person who bred, discovered and developed the variety, that person’s employer or the person who commissioned the relevant work (unless otherwise provided by the applicable employment or civil-law contract), or their successor in title. The application is filed with the competent authority and is examined for compliance with the statutory requirements, including novelty, distinctness, uniformity and stability. If the requirements are satisfied, the breeder’s right is granted and evidenced by a patent.
New animal breeds. An application may be filed by the breeder or other person entitled to obtain a patent under the applicable legislation. The application is filed with the competent authority and undergoes examination of novelty and testing as to distinctness, uniformity and stability. Interested persons may file objections concerning novelty. If the applicable requirements are satisfied, the competent authority decides to grant a patent, and the breeding achievement is entered in the State Register.
-
How long does the registration procedure usually take?
Patents for inventions. The registration procedure generally takes several years, depending on the timing and course of substantive examination and whether any objections are raised.
Short-term patents for inventions. The registration procedure is generally considerably shorter than for patents for inventions and, in straightforward cases, may be completed within several months.
Trademarks. Registration generally takes approximately 4–5 months, provided that no objections or oppositions arise.
Trade names. Registration generally takes up to one working day, as it is carried out simultaneously with the state registration of the relevant legal entity.
Geographical indications, designations of origin and guaranteed traditional products. Registration generally takes approximately six months, provided that no objections arise or additional documents are requested.
Registered industrial designs. Registration generally takes approximately 4–6 months, provided that no objections arise.
Topographies of integrated circuits. Registration is generally completed within a relatively short period where the application complies with the applicable statutory requirements.
New plant varieties and new animal breeds. The duration depends on the applicable examination and testing procedures.
-
Do third parties have the right to take part in or comment on the registration process?
Patents for inventions. Yes. Following publication of the application and before a decision is taken on substantive examination, any third party may file an objection to the grant of the patent on the statutory grounds relating to patentability, sufficiency of disclosure or extension beyond the content of the application as filed. The applicant is notified of the objection and may submit observations within two months. The objection and the applicant’s observations are taken into account during substantive examination.
Short-term patents for inventions. Yes, although the opposition procedure takes place after grant. Within six months following publication of the grant of a short-term patent, any third party may file an opposition with the Board of Appeal on the statutory grounds relating to patentability, sufficiency of disclosure or extension beyond the content of the application as filed. The patent holder may submit observations, and both the opponent and the patent holder may participate in the opposition proceedings.
Trademarks. Yes. Within two months following publication of the application, any person may submit written remarks based on the absolute grounds for refusal, while holders of specified earlier rights and other interested persons may file an opposition based on the applicable relative grounds for refusal. The applicant is given an opportunity to submit observations in response.
Trade names. There is no pre-registration opposition or third-party observations procedure as part of the registration process.
Geographical indications, designations of origin and guaranteed traditional products. Yes. Within three months following publication of the application, any interested person, state body or organisation, including those from other countries, may file a reasoned opposition to registration on the statutory grounds. The applicant is notified of the opposition and may submit its position within two months. The parties are then invited to seek an amicable resolution through negotiations. If no agreement is reached, the competent authority considers and decides the opposition.
Industrial designs. Yes. Within two months following publication of the application, any interested person may file a reasoned written opposition to the grant of a patent on the grounds specified by law. The applicant is notified and may submit observations within one month. The opposition and the applicant’s observations, if any, are taken into account in the examination of the application.
Topographies of integrated circuits. The legislation does not provide for a comparable third-party opposition or observations procedure as part of the registration process.
New plant varieties. The legislation does not expressly provide for a comparable third-party opposition or observations procedure as part of the application process.
New animal breeds. Yes. Within six months following publication of the application, any interested person may file an objection concerning the novelty of the claimed breeding achievement. The applicant is notified and may submit a written response within three months. Failure to respond results in refusal of the patent. If a response is filed, the competent authority considers the available materials and determines whether the claimed breeding achievement satisfies the novelty requirement.
-
What (if any) steps can the applicant take if registration is refused?
Patents. An applicant who disagrees with any examination decision may appeal it to the Board of Appeal within three months from the date on which the decision is sent. The filing of the appeal suspends the effect of the contested decision. A decision of the Board of Appeal may be challenged before the competent court within two months of its receipt.
Trademarks. For national applications, before refusing registration or allowing only partial registration, the AIPO must give the applicant an opportunity to withdraw or amend the application or submit arguments in support of registration within two months of notification. If a refusal or partial registration decision is issued, the applicant may request re-examination within two months of receipt of the decision. For international registrations designating Armenia, this initial notification stage does not apply. Instead, a provisional refusal is issued, following which the holder may request re-examination. In either case, a refusal or partial registration decision following re-examination may be appealed to the Board of Appeal within three months of receipt. The Board of Appeal’s decision may subsequently be challenged before the competent court within two months of receipt.
Trade names. If registration of the proposed trade name is refused, the applicant may propose another trade name without payment of an additional state fee. If the applicant disagrees with the refusal, it may challenge the refusal before the competent court in accordance with the applicable procedure.
Geographical indications, designations of origin and guaranteed traditional products. A refusal may not be issued without first giving the applicant an opportunity to withdraw or amend the application or submit observations on the grounds for refusal. Any decision concerning the application may be appealed to the Board of Appeal within two months of receipt. The Board of Appeal may uphold or annul the contested decision, in whole or in part, and its decision may be challenged before the competent court within three months of its adoption.
Industrial designs. Before refusing the grant of a patent, the AIPO must give the applicant two months from notification of the examination results to withdraw or amend the application or submit arguments in support of the grant. The applicant may appeal any decision made during examination to the Board of Appeal within three months from the date on which the decision is sent. A decision of the Board of Appeal may subsequently be challenged before the competent court within two months of receipt.
Topographies of integrated circuits. The legislation provides for examination of compliance with the formal statutory requirements and allows the applicant to make additions, corrections and clarifications to the application documents within the applicable statutory period. The legislation does not set out a comparable multi-stage refusal and appeal procedure specifically for topography applications.
New animal breeds. Where an objection concerning novelty has been filed, the applicant may respond within three months. A refusal on novelty grounds may be appealed to the Board of Appeal within two months, followed by judicial challenge. A refusal based on distinctness, uniformity or stability may first be subject to re-examination within two months and subsequently appealed to the Board of Appeal, followed by judicial challenge.
-
What are the current application and renewal fees for each of these intellectual property rights?
Patents. The official fee for filing an application and preliminary examination is AMD 20,000. For patents for inventions, the substantive examination fee is AMD 120,000 per independent claim, and the registration and grant fee is AMD 15,000. Annual maintenance fees are payable for both patents and short-term patents and vary depending on the year of protection.
Trademarks. The official application fee is AMD 30,000 and the examination fee is AMD 40,000, plus AMD 15,000 for each class beyond the first. The registration fee is AMD 50,000. The renewal fee is AMD 120,000, plus AMD 10,000 for each class beyond the first. The registration fee for a collective or certification mark is AMD 90,000. The official fee for recognition of a trademark as well known is AMD 250,000.
Industrial designs. The official fee for filing an application and preliminary examination is AMD 20,000, with an additional AMD 8,000 for each design beyond the first included in the application. The substantive examination fee is AMD 30,000, with an additional AMD 20,000 for each design beyond the first, and the registration and grant fee is AMD 15,000. Renewal fees are payable for each successive five-year period and increase depending on the period of protection.
Geographical indications, designations of origin and guaranteed traditional products. The official application fee is AMD 30,000 and the examination fee is AMD 40,000. For geographical indications and designations of origin, the fee for an application to obtain the right of use is AMD 30,000, the fee for issuance of the certificate of the right of use is AMD 50,000, and the fee for renewal of the right of use is AMD 100,000.
Topographies of integrated circuits. The official fee for filing an application and obtaining the registration certificate is AMD 20,000.
New plant varieties. The official application fee is AMD 5,000, and the fee for grant of the patent is AMD 3,000.
-
What are the consequences of a failure to pay any renewal fees and what (if any) steps can be taken to remedy a failure to pay renewal fees?
Patents. Annual maintenance fees may be paid within a six-month grace period after the due date, subject to a 50% surcharge. Failure to pay within that period results in termination of the patent. Rights terminated for non-payment may be restored upon the patent holder’s application filed within three years after expiry of the six-month grace period, but no later than expiry of the statutory term of the patent, subject to payment of the restoration fee and all outstanding annual fees.
Trademarks. If a trademark is not renewed before expiry, renewal may still be requested within a six-month grace period, subject to payment of an additional state fee. If renewal is not effected within that period, the registration expires. The general provisions on restoration of missed time limits do not apply to this six-month renewal period.
Geographical indications and designations of origin. If the right to use a protected geographical indication or designation of origin is not renewed before expiry, renewal may still be requested within a six-month grace period, subject to payment of an additional state fee. Failure to renew within that period results in expiry of the relevant right of use.
Industrial designs. If the renewal fee is not paid before expiry, renewal may still be effected within a six-month grace period, subject to payment of an additional state fee. Failure to pay within that period results in termination of the patent. Rights terminated for non-payment may be restored upon application and payment of the applicable restoration fee and outstanding renewal fees, subject to the statutory time limit for restoration.
New plant varieties and new animal breeds. Failure to pay the fees required to maintain the relevant right in force may result in termination of the breeder’s right or legal protection, as applicable.
-
What are the requirements to assign ownership of each of the intellectual property rights described in section A?
Patents. The patent holder may assign its rights wholly or partially to another person by agreement. The same applies, mutatis mutandis, to the rights of an applicant. The assignment agreement must be made in writing and should clearly identify the rights being transferred.
Copyright and related rights. Economic rights may be assigned wholly or partially by written agreement. Moral rights of authors and performers are inalienable and non-transferable.
Trademarks. Rights in a registered or applied-for trademark may be assigned wholly or partially, for all or some of the goods and/or services concerned, independently of the transfer of the underlying business. An assignment may be refused registration if it is apparent that use of the mark following the transfer may mislead the public, unless the transferee agrees to limit the relevant goods and/or services to eliminate that risk. Certification marks may not generally be assigned; however, upon dissolution of the legal entity owning a certification mark, the mark may be transferred to another legal entity in accordance with law.
Trade names. A trade name is not independently assignable. The right to a trade name may be transferred only in connection with the reorganisation of the legal entity.
Geographical indications, designations of origin and guaranteed traditional products. Registered geographical indications and designations of origin may not be assigned, licensed or otherwise made the subject of proprietary rights. The legislation does not provide for the assignment of ownership of a guaranteed traditional product registration as an individual proprietary right.
Industrial designs. The rights of a patent holder may be transferred wholly or partially to another person by agreement or succession. The same rules apply, mutatis mutandis, to the rights of an applicant.
Topographies of integrated circuits. Economic rights in a topography may be transferred wholly or partially to another natural or legal person by agreement.
New plant varieties and new animal breeds. Rights in protected plant varieties and animal breeds may be transferred to a successor in title in accordance with the applicable legislation.
Know-how (undisclosed information). Undisclosed information may be transferred to another person by agreement.
-
Is there a requirement to register an assignment of any of these intellectual property rights and, if so, what is the consequence of failing to register?
Patents. Yes. An assignment must be registered with the AIPO. An unregistered assignment is invalid and rights in patent applications or patents are not effective against third parties unless registered in the relevant register.
Copyright and related rights. No registration of an assignment is required.
Trademarks. Yes. An assignment of a registered or applied-for trademark must be registered with the AIPO. The new legal status resulting from the assignment becomes effective against third parties upon registration. Under the Civil Code, failure to comply with the registration requirement renders the assignment agreement invalid. The same registration regime applies to collective marks, subject to their specific statutory rules.
Trade names. There is no separate registration of an assignment as an independent transaction, since a trade name may be transferred only in connection with the reorganisation of the legal entity. The relevant change is reflected through the applicable state registration procedure for the reorganisation.
Geographical indications, designations of origin and guaranteed traditional products. No assignment registration applies.
Industrial designs. Yes. An assignment must be registered with the AIPO. An unregistered assignment agreement is void, and the transfer becomes effective against third parties only upon registration.
Topographies of integrated circuits. An assignment of exclusive economic rights in a registered topography must be registered with the competent authority. An unregistered assignment agreement is invalid.
New plant varieties and new animal breeds. Yes. Rights arising from an assignment must be registered with the competent authority. Failure to comply with the registration requirement renders the agreement invalid, unless otherwise provided by the applicable special legislation.
Know-how (undisclosed information). No registration requirement applies.
-
What are the requirements to licence a third party to use each of the intellectual property rights described in section A?
Patents. A patent holder may grant a third party a licence to use the patented invention within the scope agreed by the parties. The licence agreement must be made in writing and should specify the rights granted and the scope and term of their exercise. An exclusive licence grants the licensee the exclusive right to use the invention within the scope and territory specified in the agreement, while the licensor retains the right to use the invention to the extent not transferred to the licensee. Under a non-exclusive licence, the licensor retains all rights, including the right to grant licences to third parties.
Copyright and related rights. The holder of economic rights may authorise a third party to use the work under a written copyright agreement. The agreement should specify the scope of the rights granted, the modes of use, the term, remuneration or the method for determining it, and the terms and manner of payment. Unless otherwise agreed, rights granted under a copyright agreement are deemed non-exclusive. In the absence of a territorial provision, the agreement is limited to Armenia. If a licence agreement does not specify its term, it is deemed to have been concluded for five years. Rights not expressly granted remain with the rightsholder. Similar contractual licensing arrangements are available in respect of related rights, including those of performers, phonogram producers, producers of the first fixation of films, broadcasting organisations, publishers and database makers.
Trademarks. A trademark owner may license the use of the mark for all or some of the goods and/or services for which it is registered. A licence may be exclusive, non-exclusive or sole. The licence documentation must identify the licensor and licensee, the trademark registration, the type of licence, the relevant goods and/or services, the term and the territory.
Trade names. The right to a trade name is not subject to a separate licence.
Geographical indications, designations of origin and guaranteed traditional products. Registered geographical indications and designations of origin may not be the subject of a licence. Their use is instead available to persons satisfying the applicable statutory requirements and, in the case of geographical indications and designations of origin, the relevant product specification. The legislation does not provide for licensing a guaranteed traditional product registration as an individual proprietary right.
Industrial designs. A patent holder may grant a third party a licence to use the protected industrial design within the scope, term and territory agreed by the parties, in return for the agreed payments and subject to the other agreed obligations. A licence may be exclusive or non-exclusive. Under an exclusive licence, the licensee receives the exclusive right of use within the agreed limits, while the licensor retains the right of use to the extent not granted to the licensee. Under a non-exclusive licence, the licensor retains all rights, including the right to grant non-exclusive licences to third parties.
Topographies of integrated circuits. The holder of economic rights may authorise another person to use the topography under the applicable contractual arrangements.
New plant varieties and new animal breeds. Rights in protected plant varieties and animal breeds may be licensed. In respect of animal breeds, the legislation expressly provides for exclusive, non-exclusive, open and compulsory licences. Licensing is subject to the applicable Civil Code provisions and the relevant special legislation.
Know-how (undisclosed information). The holder of undisclosed information may provide all or part of the information constituting the know-how to another person under a licence agreement. The licensee must take appropriate measures to preserve the confidentiality of the information and has the same right as the licensor to protect it against unlawful use by third parties. Unless otherwise agreed, the confidentiality obligation continues after termination of the licence for as long as the information remains undisclosed.
-
Is there a requirement to register a licence of any of these intellectual property rights and, if so, what is the consequence of failing to register?
Patents. Yes. A licence, including a franchise, must be registered with the AIPO. An unregistered licence is invalid. Rights arising from patent applications or patents are also ineffective against third parties unless registered in the relevant register.
Copyright and related rights. No registration of a licence is required.
Trademarks. Yes. A trademark licence must be registered in the State Register. It becomes effective against third parties from the date of registration. Under the Civil Code, failure to comply with the applicable written-form and registration requirements renders the agreement invalid.
Trade names. Not applicable, since the right to a trade name is not independently licensable.
Geographical indications, designations of origin and guaranteed traditional products. Not applicable to geographical indications and designations of origin, since they may not be licensed. The legislation does not provide for registration of a licence of a guaranteed traditional product registration as an individual proprietary right.
Industrial designs. Yes. A licence must be registered with the AIPO. An unregistered licence is invalid.
Topographies of integrated circuits. On the basis of the provisions supplied, there is no express mandatory registration requirement for a licence comparable to the mandatory registration of an assignment of exclusive economic rights in a registered topography.
New plant varieties and new animal breeds. Under the Civil Code rules applicable to breeding achievements, licence agreements are subject to registration with the competent authority and failure to comply with the registration requirement results in invalidity, unless the applicable special legislation provides otherwise. In respect of animal breeds, the special legislation expressly provides that an unregistered licence agreement is invalid.
Know-how (undisclosed information). No registration requirement applies to a licence of undisclosed information.
-
Are exclusive and non-exclusive licensees given different rights in respect of the enforcement of the licensed IP, and if so, how do those rights differ?
Trademarks. Yes. Unless otherwise provided by the licence agreement, a licensee may bring infringement proceedings only with the consent of the trademark owner. However, an exclusive licensee may bring such proceedings if, after being notified, the trademark owner does not itself take appropriate action within a reasonable period. Any licensee may intervene in infringement proceedings brought by the trademark owner to claim compensation for the damage suffered. These rules also apply to persons entitled to use a collective mark.
Copyright. The legislation distinguishes exclusive and non-exclusive copyright agreements as regards the scope of rights granted. Under an exclusive copyright agreement, the licensee receives an exclusive right of use within the agreed limits. However, the provisions supplied do not establish a general rule equivalent to the trademark rule expressly giving an exclusive licensee independent standing to bring infringement proceedings. Accordingly, the distinction should not be stated as creating different enforcement rights unless otherwise provided by the applicable agreement or legislation.
Know-how (undisclosed information). The Civil Code expressly provides that a licensee has on an equal basis with the licensor, the right to protect the undisclosed information against unlawful use by third parties. The provision does not distinguish between exclusive and non-exclusive licensees for this purpose.
Other rights. The provisions supplied in respect of patents and short-term patents, industrial designs, topographies of integrated circuits and breeding achievements distinguish between exclusive and non-exclusive licences primarily in terms of the scope of the right of use and the licensor’s ability to use the IP or grant further licences. They do not, in the provisions provided, establish a corresponding general distinction in the licensees’ standing to enforce the IP against third parties.
-
Are there criminal sanctions for infringement of any intellectual property rights, and if so, what are they and how are they invoked?
Criminal sanctions are available for certain IP infringements. In particular, the Criminal Code provides for criminal liability for infringement of copyright and related rights and patent rights where the conduct causes large-scale property damage. Depending on the circumstances and seriousness of the offence, sanctions may include a fine, community service, disqualification from holding certain positions or engaging in certain activities, restriction of liberty, short-term imprisonment or imprisonment for up to three years․ Criminal liability may also arise in connection with the unlawful acquisition, use or disclosure of information constituting a commercial secret, subject to the applicable statutory requirements․Trademark infringement, as such, is not subject to criminal liability under Armenian law. Criminal sanctions are invoked through criminal proceedings conducted in accordance with the general rules of criminal procedure․
-
What other enforcement options are available for each of the intellectual property rights described in section A? For example, civil court proceedings, intellectual property office proceedings, administrative proceedings, alternative dispute resolution.
The protection of intellectual property (IP) rights and dispute resolution in Armenia are carried out through several institutional and procedural avenues, depending on the nature of the dispute and the specific type of infringement:
Civil Courts: Hear private-law (civil) IP disputes, including copyright infringements and the unauthorized use of trademarks.
Administrative Court: Handles challenges against official decisions issued by public authorities, such as the AIPO and its Board of Appeals, the Competition and Consumer Protection Commission (CCPC), and customs authorities (e.g., appeals regarding the refusal of trademark registration or the invalidation of a trademark registration).
Competition and Consumer Protection Commission: Rightsholders may apply to the CCPC to eliminate acts of unfair competition, such as the unauthorized use of protected IP assets by economic operators in manufacturing, selling, or offering goods for sale.
Alternative Dispute Resolution (ADR): Contractual disputes may be resolved through Arbitration. Additionally, parties can voluntarily utilize Mediation to settle disputes amicably while preserving ongoing commercial relationships.
-
What is the length and cost of such procedures?
Length
Court Proceedings: Standard judicial enforcement in the Republic of Armenia typically takes 1–3 years from filing the claim to obtaining a decision at first instance court (including the Administrative Court) in relatively straightforward cases. This timeframe fluctuates based on case complexity (e.g., volume of evidence, expert examinations, interim measures) and court scheduling.
CCPC Proceedings: Administrative proceedings conducted by the Competition and Consumer Protection Commission (CCPC) are generally faster, taking between 3 and 6 months.
Legal Fees
Legal costs depend heavily on the circumstances of the case, including the scope of work performed by attorneys, the complexity of the matter, and the procedural stages involved. Fees range from moderate amounts in routine cases to substantially higher levels in complex or contested proceedings.
State Fees
Courts of General Jurisdiction (First Instance): State fees for monetary claims are set at 3% of the claim value (ranging from a minimum of AMD 6,000 to a maximum of AMD 25,000,000), and a fixed fee of AMD 20,000 for non-monetary claims.
Administrative Court: State fees for monetary claims range from a minimum of AMD 4,000 to a maximum of AMD 80,000, while non-monetary claims carry a fixed fee of AMD 10,000.
Competition and Consumer Protection Commission (CCPC): No state fee is payable for initiating proceedings before the CCPC.
-
Where court action is available, please provide details of which court(s) have jurisdiction, how to start proceedings, the basics of the procedure, the time to trial, the format of the trial, the time to judgment and award of relief and whether any appeal is available.
In Armenia, IP disputes are split between Civil Courts of General Jurisdiction for private claims (copyright and related rights, trademark infringement, patent infringement, etc.) and the Administrative Court for public-law actions against state authorities like the AIPO or Customs. Proceedings start by filing a formal claim accompanied by proof of paid state duty and other relevant applicable attachments.
The procedure follows an open, adversarial format beginning with a preliminary stage to clarify claims, review evidence, and address counterclaims. The case then advances to trial, where counsel present opening arguments, examine evidence, cross-examine witnesses and experts, and deliver closing statements before the court deliberates.
Operating under a “reasonable time” standard, main trials typically commence a couple of months after filing, with first-instance judgments rendered within 6 to 12 months depending on case complexity and expert evaluations. Remedies include permanent injunctions, damages, and destruction of counterfeit goods, while urgent preliminary injunctions can be granted within a few days. Judgments become legally binding and enforceable after one month if not appealed.
Parties may appeal first-instance judgments to the Court of Appeal within one month on legal or procedural grounds, taking an additional 6 to 12 months. A discretionary final appeal to the Court of Cassation is reserved for fundamental legal issues or uniform statutory interpretation, taking another 6 to 12 months and bringing total litigation across all instances to 1 to 3 years.
-
What customs procedures are available to stop the import and/or export of infringing goods?
Customs procedures to stop the import or export of infringing goods primarily involve registering intellectual property (IP) objects in national or unified customs registers upon application by the rightsholder or their representative. To register, rightsholders must submit proof of ownership, product details, and evidence of liability insurance of at least EUR 10,000 to cover potential damages to declarants. Protection is granted for up to two years at a time (renewable upon request) and cannot exceed the IP object’s legal protection term.
Upon identifying suspected infringing goods, customs authorities suspend the release of the goods for an initial 10 working days, which can be extended by up to another 10 working days if the rightsholder files a claim with the competent court. In certain cases, customs authorities may also suspend the release of goods ex officio in respect of IP objects not recorded in the customs registers. The release of the goods remains suspended if the competent authorities proceed to seize, arrest, or confiscate the goods; otherwise, the goods are released upon expiration of the suspension period or if the suspension decision is revoked.
-
Are any non-court enforcement options or dispute resolution mechanisms mandatory in respect of intellectual property disputes in any circumstances? If so, please provide details.
No. Armenian law does not generally require parties to pursue any non-court enforcement or alternative dispute resolution mechanism before commencing court proceedings in intellectual property disputes.
The parties may, however, voluntarily resort to mediation or other available ADR mechanisms. Where the parties have agreed to submit disputes to arbitration, the dispute may be resolved in accordance with the applicable arbitration agreement.
-
What options are available to settle intellectual property disputes in your jurisdiction?
In Armenia, intellectual property disputes can be settled primarily by direct negotiations, mediation, arbitration, and settlement agreements reached during court proceedings.
IP disputes may be resolved at the pre-litigation stage through direct negotiations, often following a cease-and-desist letter. Mediation is a voluntary process where a licensed neutral mediator helps parties negotiate a mutually acceptable solution. Mediation may be used for IP infringement and contractual disputes and is not mandatory. For contractual IP disputes, parties may submit the matter to an arbitral tribunal if they have entered into an arbitration agreement or clause. An arbitral award is binding on the parties.
Even if parties initiate litigation without utilizing prior arbitration or mediation, they retain the right to settle amicably at any stage of court proceedings. Counsel can negotiate a settlement agreement and present it for judicial approval. Provided the agreement complies with statutory law and does not violate third-party rights, the court will approve it, thereby terminating the proceedings and rendering the settlement legally enforceable.
-
What is required to establish infringement of each of the intellectual property rights described in section A? What evidence is necessary in this context?
Intellectual property infringement generally manifests through the unauthorized exploitation of a protected asset without the rightsholder’s permission or statutory justification, with specific criteria tailored to each category of IP.
Patents: Patent infringement requires proving unauthorized manufacture, use, sale, import or other exploitation of a patented product or process embodying every feature of an independent claim or its equivalent. Liability may also arise from supplying essential elements of the invention for its unauthorized use, subject to the statutory conditions.
Trademarks: Trademark infringement requires showing unauthorized commercial use of an identical or similar sign for identical or similar goods/services creating a likelihood of consumer confusion or exploiting or harming a mark with a reputation.
Industrial Designs: Industrial design infringement requires proving unauthorized commercial making, selling, importing, or using of a product whose overall visual impression on an informed user does not differ from the protected design (or direct copying in the case of unregistered designs).
Geographical Indications, Designations of Origin, and Guaranteed Traditional Products: Infringement requires showing unauthorized commercial use, imitation or evocation, translation, or false or misleading indications of origin regarding protected geographical names, or misleading usage of guaranteed traditional product designations.
New Plant Varieties and New Animal Breeds: Breeder right infringement requires demonstrating unauthorized production, reproduction, sale, import, export, or storage of protected propagating/pedigree material, essentially derived varieties, or applying registered names to non-corresponding material.
Copyrights and Related Rights: Copyright infringement requires proving unauthorized reproduction, distribution, rental, translation or adaptation, public performance, broadcasting, communication or making available to the public, plagiarism, importing counterfeit copies, or circumventing technical protection measures.
Trade Names: Trade name infringement requires establishing unauthorized use of an identical or confusingly similar trade name, or a trademark confusingly similar to the protected trade name, where such use may mislead consumers into assuming a connection between them and may cause harm to the rightsholder.
Undisclosed Information (Trade Secrets): Infringement requires demonstrating unlawful acquisition, disclosure, or use of undisclosed information, including continued use by a good-faith acquirer after becoming aware that such use is unlawful.
Topographies of integrated circuits: Infringement requires proving unauthorized copying of a protected topography or its original part, or unauthorized use, import, sale, rental or other commercial distribution of the topography or an integrated circuit incorporating it.
The alleged infringement may be established by the evidence admissible under Armenian procedural law, including:
- witness testimony;
- documentary evidence;
- physical (real) evidence;
- photographs, audio recordings, and video recordings;
- expert opinions; and
- specialist explanations.
The court assesses the evidence in its totality to determine whether the alleged infringement has been established.
-
How does the court acquire any necessary information (fact or technical) and in what circumstances does it do so? In particular a) Is there a technical judge, a judge with technical experience, a court appointed expert, an expert agreed by the parties, and/or parties’ expert witness evidence? b) What mechanisms are available for compelling the obtaining and protecting of evidence? Is disclosure or discovery available?
a. Is there a technical judge, a judge with technical experience, a court appointed expert, an expert agreed by the parties, and/or parties’ expert witness evidence?
Armenian judiciary system does not feature specialized technical judges or technical courts for intellectual property disputes. Consequently, when a case requires deep knowledge in a specific field, the court may rely on expert opinions. A court-appointed expert might serve as a mechanism for acquiring technical facts, typically initiated upon a formal motion from participating parties or from the court itself.
In addition to court-appointed evaluations, parties may submit independent expert reports or specialist assessments obtained privately prior to or during litigation as written evidence. The court evaluates all expert submissions alongside specialist explanations provided during hearings to establish the technical facts of the case.
b. What mechanisms are available for compelling the obtaining and protecting of evidence? Is disclosure or discovery available?
The Armenian procedural system does not incorporate broad pre-trial discovery or automatic disclosure requirements. Instead, the burden of proof rests on each party to substantiate their own claims and defences with specific evidence. However, if a party can demonstrate that vital evidence is held exclusively by the opposing party or a third party and is unreachable through reasonable independent efforts, they may petition the court to issue an order compelling the production of that specific document or item.
To safeguard evidence that might otherwise be lost or become difficult to obtain, the court may order measures to secure evidence, including an expert examination or judicial inspection of evidence.
-
How is information and evidence submitted to the court scrutinised? For example, is cross-examination available and if so, how frequently is it employed in practice?
The court scrutinizes submitted evidence and information by evaluating its relevance, admissibility, credibility, and overall sufficiency. Ultimately, the judge assesses all admitted evidence in its totality based on inner conviction to determine whether the relevant facts have been established.
Regarding cross-examination, the Administrative Procedure Code expressly provides for direct and cross-examination of witnesses. A witness is first questioned by the party at whose request the witness was called (direct examination), followed by questioning by the opposing party (cross-examination), during which leading questions are permitted. The Civil Procedure Code does not provide for cross-examination as such, although the parties may question witnesses, experts, and specialists in accordance with the applicable procedural rules, providing a functionally similar mechanism. In practice, such questioning may be used in contested IP proceedings, particularly where witness, expert, or specialist evidence is material to the dispute.
-
What defences to infringement are available?
Available defences to infringement vary depending on the IP right concerned and include statutory exceptions and limitations to exclusive rights, prior use and exhaustion of rights, where applicable.
For patents, permitted uses include personal non-commercial use, experimental or scientific research, preparation of medicines in pharmacies on an individual prescription, certain regulatory testing, and use in emergency situations or for national security purposes. Prior user rights may also permit continued use of an independently developed identical solution within the original scope of such use. Patent rights are also subject to exhaustion in respect of products lawfully placed on the market in Armenia and as regards imports, products lawfully placed on the market in a country with which Armenia has an international agreement on a common market or common customs border, subject to the statutory conditions.
For trademarks, defences include good-faith use of a party’s own name or address, descriptive indications concerning goods or services, necessary references to the intended purpose of a product or service and permitted comparative advertising. Trademark rights are also subject to exhaustion in respect of goods placed on the market by or with the consent of the rightsholder in Armenia or in a country with which Armenia has an international agreement on a common market or common customs border.
For copyright and related rights, permitted uses include reproduction of a lawfully published work for personal, non-commercial purposes, quotation, certain educational and news-reporting uses, use in judicial or administrative proceedings, parody or caricature, and certain uses by libraries and archives. Copyright exceptions are specifically prescribed by law; uses falling outside the applicable exceptions generally require the rightsholder’s authorisation.
For integrated circuit topographies, defences include certain personal, research and educational uses, independent creation of an identical original topography, and innocent use subject to the statutory conditions.
-
Who can challenge each of the intellectual property rights described in section A?
Patents: Pre-grant third-party observations and oppositions against short-term patents, as well as post-grant judicial invalidation actions, can be brought by any third party. However, invalidation claims specifically grounded in a lack of entitlement to obtain the patent are restricted exclusively to the person legally entitled to that patent.
Trademarks: Pre-grant observations and post-registration invalidation claims based on absolute grounds can be submitted by any person, whereas pre-grant oppositions and relative-ground invalidation claims are limited to holders of earlier trademarks or prior rights, as well as interested persons. Non-use cancellation actions may be brought in court by anyone with a legal interest. Any person may also petition for the invalidation of a certification mark based on statutory non-compliance.
Industrial Designs: Pre-grant written oppositions and post-registration invalidation actions against registered industrial designs can be brought by any interested person. However, if the invalidation claim is based on a lack of entitlement, the court action can only be initiated by the person legally entitled to the design right.
Geographical Indications, Designations of Origin, and Guaranteed Traditional Products: Pre-grant written oppositions against a registration application may be lodged by any interested person, state body, or organization, including foreign entities. Post-registration proceedings to invalidate, terminate, or revoke rights can be initiated by the official assessment body, any physical or legal person possessing a legitimate interest, or consumer and producer protection associations that have been established for at least six months.
New Plant Varieties and New Animal Breeds: Breeder’s rights in new plant varieties may be challenged or invalidated by interested persons, while claims concerning entitlement may be brought only by the person entitled to the right. For new animal breeds, pre-grant novelty oppositions may be filed by any interested person, while post-grant invalidation or early termination proceedings may be brought before the authorized body or courts.
Copyright and Related Rights: The existence, ownership, or scope of such rights may be contested in judicial proceedings by persons whose rights or legitimate interests are affected.
Trade Names: The validity or entitlement to a trade name may be challenged through the applicable judicial procedures by persons whose rights or legitimate interests are affected.
Undisclosed Information (Trade Secrets): Whether information qualifies for protection, as well as entitlement to such protection, may be contested in judicial proceedings by any interested person.
Topographies of Integrated Circuits: The validity or entitlement to a registered topography may be challenged in accordance with the applicable administrative or judicial procedures by persons having the requisite legal interest.
-
When may a challenge to these intellectual property rights be made (e.g. during any registration process or at any time during the subsistence of the right)?
Patents: Pre-grant challenges to patents depend on the stage and protection type, with third-party observations permitted following application publication until an examination decision on the merits is issued, whereas written oppositions against short-term patents must be filed within six months of grant publication. Post-grant, judicial actions to invalidate a patent may be initiated in court at any time throughout its entire duration.
Trademarks: Pre-grant challenges against trademark applications, including observations on absolute grounds and oppositions on relative grounds, must be submitted within two months of application publication. Post-registration, court challenges based on absolute invalidation grounds may be filed at any time during the mark’s protection term, whereas relative invalidation claims must be filed within five years from registration publication, provided the earlier rightsholder has not knowingly acquiesced to the later mark’s use for five consecutive years. Cancellation claims for non-use may be brought if the mark has not been put to genuine use for three consecutive years following registration or for the three consecutive years immediately preceding the claim, though resumption of use within three months prior solely due to anticipating a claim fails to cure non-use.
Industrial Designs: Pre-grant written oppositions against an industrial design application must be filed within two months following application publication. Following grant, judicial actions to invalidate rights to a registered industrial design may be brought at any time during the subsistence of the right.
Geographical Indications, Designations of Origin & Guaranteed Traditional Products: Pre-grant written oppositions against an application for registration must be submitted within three months of application publication. Following registration, judicial actions or administrative procedures for invalidation, protection termination, or revocation of use rights occur post-registration during the subsistence of the right.
New Plant Varieties and New Animal Breeds: For animal breeds, pre-grant written oppositions concerning novelty must be filed within six months of publication of the application.
Copyrights, Trade Names and Trade Secrets: Challenges concerning the existence, ownership, scope, or entitlement to protection may be brought in judicial proceedings during the subsistence of the relevant right or protection, subject to the applicable limitation periods.
Topographies of Integrated Circuits: Challenges to the validity of, or entitlement to, a registered topography may be brought during the subsistence of the relevant right, subject to the applicable statutory requirements.
-
Briefly, what is the forum and the procedure for challenging each of these intellectual property rights and what are the grounds for a finding of invalidity of each of these intellectual property rights?
Patents: Challenges to patent rights in Armenia are handled through both administrative and judicial channels depending on the stage and type of protection. Third-party observations against patent applications are submitted to the state authorized body and are taken into account during substantive examination, while oppositions against the grant of short-term patents are submitted in writing to the Board of Appeals of the state authorized body. Post-grant patent invalidation proceedings, however, are adjudicated judicially in court. A court may declare a patent invalid in whole or in part if the invention fails to meet statutory patentability criteria, lacks a sufficiently clear and complete disclosure for a specialist to execute it, contains subject matter exceeding the scope of the initial application, or was wrongfully granted to an unentitled person.
Trademarks: Trademark procedures in Armenia are split between administrative and judicial forums, with application observations and oppositions submitted in writing to the state authorized body, while post-registration invalidation and cancellation claims are adjudicated in court. Invalidation or refusal on absolute grounds occurs when a sign lacks distinctive character, is purely descriptive or generic, consists of functional product shapes, breaches public order or national/spiritual values, contains misleading information, or incorporates unauthorized state emblems, cultural heritage elements, or geographical indications. Relative grounds principally concern conflicts with earlier trademarks or other prior rights, unauthorized agent filings, and bad-faith filings. Standard registrations may be cancelled for three years of continuous non-use without valid reason, misleading usage, or genericism caused by owner inaction. Specific statutory grounds also apply to collective and certification marks.
Industrial Designs: Industrial design procedures in Armenia involve submitting pre-grant oppositions directly to the state authorized body, whereas post-grant invalidation actions for registered designs are adjudicated judicially in court through claims or counterclaims. Refusal or invalidation occurs if the design fails to meet the statutory definition or criteria of novelty and individual character, or if the right was granted to an unentitled applicant. Further grounds include conflicts with a prior publicly available design, contradiction with other legal acts, or the unauthorized inclusion of emblems, public interest symbols, cultural heritage elements, copyrighted works, or protected trademarks and means of individualization.
Geographical Indications, Designations of Origin & Guaranteed Traditional Products: Application oppositions are submitted in writing to the state authorized body, whereas post-registration invalidation, protection termination, or certificate revocations are adjudicated by courts or handled by state assessment authorities. Refusal or invalidation is grounded in non-compliance with statutory requirements, generic character of the name, failure to meet statutory criteria for traditional products, or applicable conflicts with earlier rights. Protection may also be terminated, or rights of use revoked, where the applicable statutory requirements or product specifications are no longer satisfied.
New Plant Varieties and New Animal Breeds: Challenges to, or invalidation or termination of, breeder rights for plant varieties are handled judicially, whereas for animal breeds pre-grant oppositions may be submitted to the authorized body and post-grant invalidation or early termination proceedings may be brought before the authorized body or court. Plant variety rights may be invalidated for failure to meet statutory requirements or lack of entitlement, and terminated for failure to maintain the variety or comply with statutory maintenance requirements. Animal breed protection may be refused or invalidated for lack of novelty, distinctiveness, uniformity or stability (DUS), non-compliance with naming requirements, or lack of entitlement.
Copyrights and Related Rights: As copyright and related rights generally arise without registration, there is no separate registration invalidation procedure. Their existence, ownership, or scope of protection may be contested in judicial proceedings before the competent courts.
Trade Names: Challenges to the validity of trade name registrations in Armenia are conducted judicially in court. Registration prohibition or cancellation is grounded in generic usage, recognized terms, purely descriptive or advertising wording, misleading content, or contradictions with public interest, morality, and fair competition. Further grounds include the unauthorized reproduction of international organization names, or identity and confusing similarity to an earlier protected trade name or trademark that risks causing consumer confusion or commercial detriment.
Undisclosed Information (Trade Secrets): Whether information meets the statutory requirements for protection, as well as entitlement to such protection, may be contested in judicial proceedings.
Topographies of Integrated Circuits: Challenges to the validity of, or entitlement to, a registered topography are determined judicially in court. Invalidity may be based on failure to satisfy the statutory requirements for protection or lack of entitlement to the registered right.
-
Are there any other methods to remove or limit the effect of any of the intellectual property rights described in section A, for example, declaratory relief or licences of right?
Beyond full invalidation, Armenian law limits the enforceability of exclusive IP rights through the exhaustion of rights and statutory licensing regimes. Under the statutory exhaustion principle, once a trademarked good, copyrighted work, patented invention, or industrial design is lawfully placed on the market in Armenia or in a country with which a common market or customs border agreement applies, by or with the right holder’s consent, the relevant exclusive rights are exhausted. Furthermore, patent exclusivity can be judicially limited through compulsory licenses granted to third parties or the state in cases of public interest (such as national security, food, or public health), anti-competitive monopolistic abuse, or failure to exploit the invention within the applicable statutory period. Patent holders can also voluntarily declare an open license (license of right), which halves their official maintenance fees in exchange for a binding commitment to grant non-exclusive licenses to any requesting party on reasonable terms.
-
What remedies (both interim and final) are available for infringement of each of the intellectual property rights described in section A?
Under Armenian law, general civil remedies apply to infringements of exclusive IP rights. These include recognition of the right, restoration of the position existing before the infringement, cessation or prevention of infringing acts, and compensation for damages. In addition, material objects that gave rise to or were created as a result of the infringement may be seized, and the court may order publication of information concerning the infringement or of the judgment, in whole or in part, at the infringer’s expense. Interim measures are also available under the general rules of civil procedure, including measures aimed at preventing continuation of the alleged infringement and securing the effectiveness of the final judgment.
Patents: The general civil remedies described above apply, including cessation of the infringement and compensation for damages.
Trademarks: In addition to the general remedies, the right holder may require removal of the unlawfully used sign from the goods or packaging and destruction of prepared representations of the trademark; where removal is impossible, destruction of the relevant goods may be ordered.
Industrial Designs: The general civil remedies described above apply to infringement of industrial design rights. Compensation may also be available for unauthorized use during the provisional protection period, subject to the statutory conditions.
Geographical Indications, Designations of Origin & Guaranteed Traditional Products: The general civil remedies described above apply. In addition, unlawful use may be prohibited and the infringing indication or name may be required to be removed from goods, packaging, advertising and related materials. Where removal is impossible, seizure and destruction may be available as provided by law.
New Plant Varieties and New Animal Breeds: The general civil remedies described above apply, including cessation of the infringement and compensation for damages, subject to the specific provisions governing the relevant breeder’s right.
Copyright and Related Rights: In addition to the general remedies, right holders may seek confiscation or destruction of counterfeit copies and the materials and equipment used for their production. They may claim damages, including lost profits, or compensation equal to twice the royalty or remuneration that would have been payable for authorized use. The court may also order publication of the judgment. Specific interim measures include attachment of suspected counterfeit copies and related materials and equipment, and prohibition of specified acts.
Trade Names: The general civil remedies described above apply, including cessation of unauthorized use and compensation for damages.
Undisclosed Information (Trade Secrets): The lawful holder may require immediate cessation of unlawful use and compensation for damages. In the case of a good-faith acquirer, the court may, taking into account the costs incurred in using the information, permit continued use under a remunerated non-exclusive licence.
Topographies of Integrated Circuits: The general civil remedies described above apply. In addition, unlawfully manufactured integrated circuits and related products, materials and equipment may be confiscated, destroyed or otherwise disposed of by court order.
-
What are the costs of enforcement proceedings and is any kind of costs recovery available for successful parties? Is there a procedural mechanism enabling or requiring security for costs?
Exact legal costs for IP litigation and enforcement in Armenia cannot be predetermined, as they depend directly on the complexity, scope, and duration of the case. However, cost recovery is available: the prevailing party is entitled to recover its court expenses from the losing party, including court fees (state duty), expert fees, and reasonable attorney’s fees.
Armenian law provides no procedural mechanism to request security solely for future legal costs. Nevertheless, interim security can be sought for substantive monetary claims (such as infringement damages). To obtain an interim measure, the applicant must demonstrate through a motion that the measure is proportional and necessary to prevent thwarted enforcement, property alteration or destruction, or substantial harm. Courts may also require the claimant to post counter-security to protect the defendant against potential losses resulting from the interim measure.
Armenia: Intellectual Property
This country-specific Q&A provides an overview of Intellectual Property laws and regulations applicable in Armenia.
-
What different types of intellectual property rights exist to protect: (a) Inventions (e.g. patents, supplementary protection certificates, rights in trade secrets, confidential information and/or know-how); (b) Brands (e.g. trade marks, cause of action in passing off, rights to prevent unfair competition, association marks, certification marks, hallmarks, designations of origin, geographical indications, traditional speciality guarantees); (c) Other creations, technology and proprietary interests (e.g. copyright, design rights, semiconductor topography rights, plant varieties, database rights, rights in trade secrets, confidential information and/or know-how).
-
What is the duration of each of these intellectual property rights? What procedures exist to extend the life of registered rights in appropriate circumstances?
-
Who is the first owner of each of these intellectual property rights and is this different for rights created in the course of employment or under a commission?
-
Which of the intellectual property rights described in section A are registered rights?
-
Who can apply for registration of these intellectual property rights and, briefly, what is the procedure for registration?
-
How long does the registration procedure usually take?
-
Do third parties have the right to take part in or comment on the registration process?
-
What (if any) steps can the applicant take if registration is refused?
-
What are the current application and renewal fees for each of these intellectual property rights?
-
What are the consequences of a failure to pay any renewal fees and what (if any) steps can be taken to remedy a failure to pay renewal fees?
-
What are the requirements to assign ownership of each of the intellectual property rights described in section A?
-
Is there a requirement to register an assignment of any of these intellectual property rights and, if so, what is the consequence of failing to register?
-
What are the requirements to licence a third party to use each of the intellectual property rights described in section A?
-
Is there a requirement to register a licence of any of these intellectual property rights and, if so, what is the consequence of failing to register?
-
Are exclusive and non-exclusive licensees given different rights in respect of the enforcement of the licensed IP, and if so, how do those rights differ?
-
Are there criminal sanctions for infringement of any intellectual property rights, and if so, what are they and how are they invoked?
-
What other enforcement options are available for each of the intellectual property rights described in section A? For example, civil court proceedings, intellectual property office proceedings, administrative proceedings, alternative dispute resolution.
-
What is the length and cost of such procedures?
-
Where court action is available, please provide details of which court(s) have jurisdiction, how to start proceedings, the basics of the procedure, the time to trial, the format of the trial, the time to judgment and award of relief and whether any appeal is available.
-
What customs procedures are available to stop the import and/or export of infringing goods?
-
Are any non-court enforcement options or dispute resolution mechanisms mandatory in respect of intellectual property disputes in any circumstances? If so, please provide details.
-
What options are available to settle intellectual property disputes in your jurisdiction?
-
What is required to establish infringement of each of the intellectual property rights described in section A? What evidence is necessary in this context?
-
How does the court acquire any necessary information (fact or technical) and in what circumstances does it do so? In particular a) Is there a technical judge, a judge with technical experience, a court appointed expert, an expert agreed by the parties, and/or parties’ expert witness evidence? b) What mechanisms are available for compelling the obtaining and protecting of evidence? Is disclosure or discovery available?
-
How is information and evidence submitted to the court scrutinised? For example, is cross-examination available and if so, how frequently is it employed in practice?
-
What defences to infringement are available?
-
Who can challenge each of the intellectual property rights described in section A?
-
When may a challenge to these intellectual property rights be made (e.g. during any registration process or at any time during the subsistence of the right)?
-
Briefly, what is the forum and the procedure for challenging each of these intellectual property rights and what are the grounds for a finding of invalidity of each of these intellectual property rights?
-
Are there any other methods to remove or limit the effect of any of the intellectual property rights described in section A, for example, declaratory relief or licences of right?
-
What remedies (both interim and final) are available for infringement of each of the intellectual property rights described in section A?
-
What are the costs of enforcement proceedings and is any kind of costs recovery available for successful parties? Is there a procedural mechanism enabling or requiring security for costs?