Mongolia

Spruson

mongolia_patent_Spruson

Overview of Mongolia

Capital: Ulaanbaatar

Population: 2.8 million (est. 2012)

Languages: Halh Mongol

Area: 1,567,000 km²

Currency: Tögrög (MNT)

Legal System: Civil law system influenced by Soviet and Romano-Germanic legal systems

Patent Practice Summary

Filing Statistics

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Key Issues

  • Ranked 134th in the world for IP protection in the World Economic Forum’s Global Competitiveness Report 2013/2014

Enforcement

  • Enforcement is a difficult task in Mongolia
  • Arbitration may be an alternative dispute resolution route however there are loss of trade secret issues due to lack of confidentiality obligations being applied to parties involved in the arbitration proceedings
  • For violation of patent legislation, administrative sanctions may be imposed, including fines of up to six (6) times the monthly salary of a violator and arrest for 7 to 14 days
  • A court will award compensation for damages for infringement of patent rights

Prosecution

  • National phase entry deadline for PCT applications in Mongolia: 31 months
  • Patentable subject matter – all subject matter patentable except
    • a discovery, scientific theory or mathematical method;
    • a computer program, algorithm;
    • a scheme, rule or method for performing mental act, playing game or doing business;
    • a solution contrary to public order or morality, or which is prejudicial to environment or human health;
    • a diagnostic or therapeutic method for the treatment of humans or animals;
    • plants and animals other than micro-organisms, and the biological processes for the production of plants and animals
  • Any patents relating to human food supply or hygiene require certificates of no identified harm to the general public

Other issues

  • Post-grant opposition is available
  • Every license agreement needs to be registered with the Mongolian Intellectual Property Office (MIPO)
  • A patent owner may request MIPO to grant a license for the exploitation of his creation to any interested person

Affiliations

Bodies

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