Enfoceability of IP rights comes into existence with its registration in the national IP register, after an examination of the IP application which is depending on both the country where protection is sought and the type of IP right as well.
The scope of protection is determined by the IP right as registered.
The examination comprises a formal part such as the completeness of the bi-bliographical data or the printability of the filed documents.
The substantive examination relates to the content of the property right, for example, novelty or inventive step for patents or distinctiveness for trademarks.
Following the registration in the register, third parties frequently have a period of several months for filing opposition. Afterwards the registration becomes final.
During the lifetime of the IP right, third parties can file a nullity action before the com- petent court against the IP right. However, to do so, often infringement proceeding against the third party are required.