Patents and Trademarks
All about patents and trademarks in Lithuanian pharma. Prepared in association with TGS Baltic, a leading law firm in Lithuania, this is an extract from The Pharma Legal Handbook: Baltics, available to purchase here for GBP 99.
1. What are the basic requirements to obtain patent and trademark protection?
There are three ways to obtain patent protection in the Republic of Lithuania:
- National route: by filing an application directly with the State Patent Bureau (hereinafter, the SPB) (under the Patent Law of the Republic of Lithuania);
- International route: (under the Patent Cooperation Treaty), and;
- Regional route: (under the European Patent Convention).
There are three ways to get exclusive rights to a trademark in the Republic of Lithuania:
- National route: by filing applications directly with the SPB (under the Trademark Law of the Republic of Lithuania);
- International route: whereby the protection provided by the international trademark registration is extended to the Republic of Lithuania (under the Protocol of the Madrid Agreement Concerning the International Registration of Marks), and;
- European Union trademark protection route: whereby any trademark, registered as European Union trademark with the Register of European Union trademarks, is protected in Lithuania (under EU Regulation 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark).
2. What agencies or bodies regulate patents and trademarks?
In Lithuania, patents and trademarks are regulated by the State Patent Bureau of the Republic of Lithuania.
3. What products, substances, and processes can be protected by patents or trademarks and what types cannot be protected?
Patents are available for any inventions in all fields of technology, provided that they are new, involve an inventive step, and are capable of industrial application. Where the object of invention is a method, patent protection is also granted with respect to a product made by such method.
The law establishes the list of what should not be considered as inventions, e.g.:
- discoveries, scientific theories, and mathematical methods;
- designs of products;
- schemes, rules, and methods of games, intellectual or economic activities, as well as programmes for computers, etc.
The law also provides a list when patents should not be granted, e.g. patents are not granted for:
- methods for treatment of the human or animal body by surgery or therapy, except where an object of invention is equipment or materials utilised for such methods;
- inventions, the commercial exploitation of which would be contrary to public interests, principles of morality and humanity, such as processes for cloning human beings or uses of human embryos for industrial or commercial purposes.
A trademark is any sign capable of distinguishing the goods or services of one person from those of other persons and capable of being represented graphically.
Trademarks may consist only of the following signs:
- words, personal surnames, names, artistic pseudonyms, business names of legal persons, slogans;
- letters, numerals;
- drawings, emblems;
- three-dimensional forms (the shape of products, their packaging or containers);
- colours or combinations of colours, their compositions;
- any combination of signs specified above.
The law provides that a sign may not be recognised as a trademark and must be refused registration in specific cases, e.g.:
- the sign is devoid of any distinctive character;
- the sign has become customary in the current language or in the bona fide and established practices of the trade;
- the sign is of such a nature as to mislead the public, for instance as to the nature, quality or geographical origin of the goods and/or services;
- the sign is contrary to accepted principles of morality or public policy, including ethics of society and humanitarian principles;
- •he sign consists of the official or traditional (abbreviated) state name of Lithuania, of flag or other state heraldic objects or any imitation thereof, etc.;
- it is a sign of high symbolic value, in particular a religious symbol, etc.
4. How can patents and trademarks be revoked?
Surrender of the patent:
The owner of the patent may surrender the patent by a written declaration to the SPB. The surrender may be limited to one or more claims of the patent. The SPB records the surrender in the Register of Patents and publishes it in the Official Bulletin.
Invalidation of the patent:
On the request of any persons concerned, the court may invalidate a patent on one of the following grounds:
- the invention is not patentable;
- the patent does not disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art;
- the disclosure contained in the patent goes beyond what has been disclosed in the application as filed, or if the patent was granted on a divisional application, which goes beyond what has been disclosed in the initial application as filed;
- the owner of the patent has no right to it.
When a decision of the court to invalidate a patent becomes final, the court sends it to the SPB, which records data on the invalidation in the Register of Patents and publishes it in its Official Bulletin.
Invalidation of trademark registration:
Upon request by any interested person, the registration of a trademark may be invalidated by the court based on the ground that the said trademark does not comply with the Law on Trademarks. When a decision of the court to invalidate a trademark becomes final, the court sends it to the SPB, which removes the trademark from the Register of Trademarks.
Revocation of trademark registration:
Upon the request of any interested party, the court may revoke the registration of a trademark if:
- the trademark has become the common name for goods and/or services for which it is registered, as a result of the treatment of the trademark as a common name by the proprietor or of his inactivity or due to such treatment of the trademark by the others;
- in consequence of the use made of it by the proprietor of the trademark, the trademark is liable to mislead the public, particularly as to the nature, quality or geographical origin of those goods and/or services;
- within a period of five years after the issue of the registration certificate, a genuine use of the trademark has not been started by the proprietor of the trademark in Lithuania.
5. Are foreign patents and trademarks recognized and under what circumstances?
European patents granted by the European Patent Office and validated in the Republic of Lithuania are recognised as national patents.
International trademarks are recognised and protected in Lithuania after the notification from the World Intellectual Property Organisation on the extension of the protection of international trademarks in the Republic of Lithuania and the decision of the SPB to grant the protection.
All European Union trademarks registered in the Register of European Union trademarks are also valid in Lithuania.
6. Are there any non-patent/trademark barriers to competition to protect medicines or devices?
There are additional barriers for receiving a marketing authorisation for a generic (similar) medicinal product without performing full clinical testing.
Referenced (original) medicinal products are being granted:
- a data exclusivity period of eight years from the initial authorisation;
- additional two years of market exclusivity;
- additional one year in case of certain new indications.
Therefore, the marketing authorisation for a generic (similar) medicinal product can enter into force at the earliest ten years after the grant of the marketing authorisation for the reference (original) medicinal product.
7. Are there restrictions on the types of medicines or devices that can be granted patent and trademark protection?
No, there are no restrictions, explicitly stated in laws, on the types of medicines or devices that can be granted patent and trademark protection, except for the general restrictions as provided in question No. 3.
8. Must a patent or trademark license agreement with a foreign licensor be approved or accepted by any government or regulatory body?
Lithuanian law does not require filing of licence agreement to ensure its validity between the parties, However, if one is willing to be able to use a licence agreement against third parties, a patent or trademark licence agreement with any licensor (both local and foreign) must be duly recorded with the SPB and the data of such agreements must be entered in either the Register of Patents of the Republic of Lithuania or the Register of Trademarks of the Republic of Lithuania.