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Article 1229.Exclusive right

📅 Updated: 30.09.2026

1. A citizen or legal person who has an exclusive right to the result of an intellectual activity or to a means of individualization (the right holder) is entitled to use that result, and The right holder may exercise the exclusive right to the result of an intellectual activity or to an indian remedy in any manner not contrary to the law. (art. 1233), unless otherwise provided in this Code, the right holder may, at his or her discretion, permit or prohibit other persons from using the intellectual result of an intellectual act. The absence of a prohibition shall not be considered as consent (permit). Other persons may not use the relevant result of intellectual activity or media. Your individualization without the consent of the right holder, except in the cases provided for in this Code. (i.e. their use in the manner provided for in this Code) if such use is carried out without the consent of the right holder, is illegal and incurs liability, by this Code, other laws, except where the use of the result of intellectual activity or the means of individualization by persons other than the right holder without it 2. An exclusive right to the result of an intellectual activity or to a means of individualization (other than an exclusive right to a trade name) 3. Where the exclusive right to the result of an intellectual activity or to the means of individualization belongs to several persons or several persons together. to persons together, each of the rights holders may use such result or such remedy at their discretion, unless the present Code or agreement between the rights holders provides for a prior period of time. The relationship between persons who have an exclusive right jointly is determined by an agreement between them. and the means of individualization shall be exercised jointly by the right holders unless otherwise provided for in this Code or in an agreement between the right holders. of intellectual activity or means of individualization or of joint disposition of the exclusive right to such result or to such means shall be distributed among all legal entities. Every right holder has the right to take measures to protect his or her rights to the result of an intellectual act. 4. In the cases provided for in article 1454, paragraph 3, article 1466, paragraph 2, and article 1518, paragraph 2, of the present Code, individual and individual rights to one and the same result of intellectual activity or on the same means of individualization may belong to different persons at the same time. 5. Limitations on exclusive rights to intellectual results and to the means of individualization, including when the use of the results of intellectual activities is permitted without the consent of the right holders, but with the preservation of The rights to remuneration are set forth in this Code, while limitations are placed on the exclusive rights to works of science, literature and art, objects of related rights, inventions and industries. Trade marks shall be fixed in accordance with the conditions laid down in the third, fourth and fifth paragraph. or art or objects of related rights shall be placed in certain special cases, provided that such restrictions do not conflict with the normal use of works or objects of related articles. The legal interests of the right holders are not unduly affected by the rule of law; restrictions on the exclusive rights of inventions or industrial designs are imposed in individual cases, provided that: such restrictions do not unduly conflict with the normal use of inventions or industrial designs and, taking into account the legitimate interests of third parties, do not unduly prejudice Limitations on exclusive rights to trademarks are set in individual cases, provided that such restrictions take into account the legitimate interests of rights holders. and third parties.