Intellectual Property Law 1. General Points on IP Law 2. International Aspects of IP Law 3. Categories of IP Law - Copyright, Patent, and Trademark 4. Copyright Law in EU and Turkey 5. Patent Law 6. Trademark Law

1. GENERAL POINTS ON IP LAW A) Intangible Asset 1) IP is a source of competitive advantage (like tangible asset) B) Creates Rights 1) Refers to legal rights which result from intellectual activity in industrial, scientific, literary, artistic fields 2) IP is legally secured, and gives owner exclusive control of the protected matter C) Two Main Branches: 1) Industrial Property (Patents & Trademarks) 2) Copyright D) Inherent Tension: 1) Create knowledge – IP provides incentive for innovation 2) Use of knowledge – IP restricts dissemination of knowledge

2. INTERNATIONAL ASPECTS OF IP LAW (Tries to harmonize IP rules & create uniform rights) A) 1883 Paris Convention (Patents & TM) B) 1886 Berne Convention (Copyright) C) 1994 TRIPS Agreement (all forms of IP) 1) Sponsored by WTO 2) WTO members (over 150) must comply & enact required IP law at the domestic level 3) Sets out minimum standards for protection, basic principles of enforcement, provides dispute resolution D) World IP Organization (WIPO) – past 10 years 1) UN agency that focuses on int’l enforcement of IP law

3. CATEGORIES OF IP LAW (Copyright, Patent, TM) A) Copyright 1) Generally a. Work need not be registered for protection (automatic rights attach) b. Protects artistic, literary, and scientific creations/expressions: - books, musical compositions, fine art, films, computer programs c. Creator has exclusive right to copy, distribute, sell, perform, display 2) Expression of Idea - Idea is not enough; must be expressed 3) Who is owner? - Author, painter, poet, composer, video game designer (i.e., only real persons)

4) Fixed on Tangible Medium - Appreciated by human senses; 4) Fixed on Tangible Medium - Appreciated by human senses; Form of medium is irrelevant 5) Justifications for Restrictions (and some exceptions) a. Authors have natural right to fruit of their labors b. Absence of IP law would cause creativity and innovation to slow down or cease c. IP rights create a type of “monopoly” for the creator/owner Exception - personal use (watching DVD at home), - education purposes (teacher copies portion of textbook to show in class), - commentary/parody (news broadcast quotes controversial lyrics in a popular song)

B) Patent 1) Grants limited “monopoly” rights over new inventions 2) Invention must be new, reproducible, have tech. application 3) Rights do not attach automatically -- must be approved by gov’t C) Trademark 1) An industrial sub-category of IP (like patents) 2) Logo, symbol, feature that is represented visually/graphically 3) Helps distinguish one firm’s goods from another