INTELLECTUAL PROPERTY RIGHTS

Patent Trade mark Copyright Industrial design Utility model

PATENT Statutory privilege that gives an inventor, for a limited period, the exclusive right to use or sell a patented product or to use a patented method or process professionally TRADEMARK Statutory privilege granted to a manufacturer or merchant for a fixed period to exclude others from using the word, name, symbol or device or their combination adopted and used by him to identify his goods and distuinguish them from those of others COPYRIGHT Statutory right that gives the author of an artistic work, for a limited period, the exclusive privilege of making copies of the work and publishing and selling the copies

INTERNATIONAL SCOPE OF INTELLECTUAL PROPERTY RIGHTS Bern Convention Paris Convention INDUSTRIAL PROPERTY ARTISTIC PROPERTY PCT EU: European Patent PATENT UTILITY MODEL COPYRIGHT Madrid Protocol EU: Community Trade Mark TRADEMARK EU: Community Design INDUSTRIAL DESIGN

INTELLECTUAL PROPERTY RIGHTS OBJECT OF PROTECTION PREREQUISITE HARMONIZED IN THE EU INTERNATIONAL CONVENTION PATENT Product, device, process, chemical substance Novelty, an inventive step, susceptible of industrial application EU Patent Rationalized application process Paris Convention PCT UTILITY MODEL New technical solution, form, structure or their combination Novelty TRADE MARK Sign that individualises the goods and services of an enterprise Distinguishable Community Trade Mark Madrid Protocol INDUSTRIALDESIGN Design visible to eyes Community Design COPYRIGHT The tangible form of a creative endeavour Original, intellectual creation Harmonizing directives Berne Convention

GLOBAL SCOPE OF INTELLECTUAL PROPERTY RIGHTS PARIS CONVENTION national treatment right of priority WTO members must observe BERNE CONVENTION minimum standards national treatment non-conditional protection COMMUNITY TRADE MARK Harmonized in the EU COMMUNITY DESIGN COPYRIGHT DIRECTIVES Patent Co-operation Treaty European Patent Coordinated application process Madrid Protocol

EC LAW AND INTELLECTUAL PROPERTY RIGHTS The law of a Member State applies while a product is within the national boundaries When the product moves across the national boundaries in the EU, the EC law will govern

EXCHAUSTION OF RIGHTS The rights are exhausted when a product has been lawfully distributed on the market of a Member State by the owner of the right or with his consent

Deutsche Grammophon AG Case Deutsche Grammophon v. Metro, 1971 EEA FRANCE GERMANY Subsidiary of DG Producer Sold with the consent of procucer Polydor Deutsche Grammophon AG Exchaustion of rights Copyright =>exclusive right to sell € X-2 € X € X-1 Metro

PATENT To be patentable an invention must Coverage Be new Involve an inventive step Be susceptible of industrial application Coverage Products, devices, chemical substances or processes

Economic issues Patentees can exploit their inventions for up to 20 years Application fees Designation fees Annual renewal fees payable to the national patent offices of the designated countries

Application 1) National patent protection 2) European patent Application is filed with the national patent office 2) European patent Application filed with the European Patent Office or through the national patent office => forwarded to the designated EU Member States => patent protection subject to the national provisions of each Member State

3) International patent protection 1. Paris Convention Harmonisation of provisions, privilege, recognition Application directly in each country 2. Patent Co-operation Treaty (PCT) Coordinated application process: Application filed with the national office or the international central organisation List of the designated states >International examination of novelty and patentability >Authorities of the designated states then examine the application and make the final decision according to the domestic provisions

UTILITY MODEL "Petty Patent" New technical solution Materializes as a form, structure or their combination Must be susceptible of industrial application Faster and cheaper to apply than a patent Paris Convention

TRADEMARK Sign that individualises The goods and services of a given enterprise and Distinguishes them from those of its competitors

1. Community Trade Mark Application filed with the national office => sends it to the Office for Harmonisation in the Internal Market (OHIM) => grants Community Trade Mark if there is no previous similar trade mark in any EU country Valid for 10 years and infinitely renewable

2. International exclusive right to a trademark Paris Convention Madrid Protocol Application filed with the national office > examines it > sends it to the International Bureau of World Intellectual Property Organisation > examines it and forwards to the countries designated in the application > in these countries the protection is granted subject to their national provisions

INDUSTRIAL DESIGN Design which can be seen by eyes Novelty is a prerequisite No artistic requirements

Community Design Application filed with the national office Protection of design in the EU

International protection Application filed in each country separately Paris Convention => a privileged period of 6 months to meet the novelty requirement

COPYRIGHT Creative endeavour which is an intellectual creation and original The work must be capable of being fixed in a tangible medium => protection is given to the expression of the work, not the idea E.g. literary, musical and dramatic works, pantomimes and choreographic works, pictorial, graphic, and sculptural works, motion pictures and other audio-visual works, sound recordings, computer software

The contracting states have strongly harmonized their copyright laws Bern Convention The contracting states have strongly harmonized their copyright laws Duration of copyright at least 50 years Protection must be applied in each country separately Registration or system of supervising organisations EU Harmonization of legal framework of copyright and related rights Dir 2001/29/EC, 2000/31/EC, 93/98/EEC

Protected by copyright 1. Pecuniary rights Right of reproduction: Right to make copies of a work Distribution rights: Right to place in circulation, the original work or copies of it Right of performance: Right to communicate the work to the public by any means whatsoever 2. Moral Rights Not recognised in the copyright laws of Common Law countries 1) Right to object to distortion, mutilation or modification (right of respect) 2) Right to be recognised as the author (right of paternity) 3) Right to control public access to the work