Framework of IPR Introduction International IP Law - Course Professor Niklas Bruun IPR University Center University of Helsinki 25 October 2010

Niklas Bruun 2 The objectives of the presentation Map the terrain of IPR, by providing: –a historical perspective on the evolution of the present regulatory framework,

Niklas Bruun 3 Pre-modern IPR law –Dates roughly from and mainly to the time before industrialization –The problem I: intangible property as a legal category –The problem II: categories and structures of IP (copyright, patents, design rights etc) were unknown or emerging

Niklas Bruun 4 Pre-modern IPR law (cont.) –Main categories:  manual labour (labour of the body)  mental labour (labour of the mind) –Property in ones person/creativity –Literary property/intangible property as action form of law: particular and reactive (not abstract and general as the modern law):  1742 Act for securing to John Byron, Master of Arts, the Sole Right for Publishing for a Certain Term of Years the Art and Method of Shorthand, Invented by him

Niklas Bruun 5 Pre-modern IPR law (cont.) –Frequently used legal concepts from English Case Law in the 19th century :  copyright in inventions  patents for art  literary property as a “universal patent for authors”  copyright of trade marks

Niklas Bruun 6 The emerging of modern IP-law –Background: French revolution and “droit d´auteur” as a fundamental right (1793) –No cross border protection leads to piracy of British and French literature overseas –Bilateral treaties in the 1840s and 1850s (see British International Copyright Act 1838, 1844), Prussia 1846, Saxony 1847, France 1851, Belgium 1854, Spain 1857

Niklas Bruun 7 The emerging of modern IP-law (cont.) –Result: Conceptual harmonisation and division: copyright protects art and literature, trade and commerce is protected by other rights as patents, trade marks and design rights

Niklas Bruun 8 Modern IP-law The bilateral Conventions were replaced by 1.The Paris Convention (1883) for patents, utility models, industrial designs, trade marks, trade names, indications of source or appellations of origin and the repression of unfair competition 2.The Berne Convention (1886) for copyright

Niklas Bruun 9 Central Principles of “First Generation” Conventions –National (regional) protection –The principle of national treatment –Priority date of applications for registration made within a certain time limit from the first application (6-12 months) – The principle of minimum protection for rightowners

Niklas Bruun 10 “Second Generation” Conventions Information and Classification of IPR –The Strasbourg Agreement the Concerning International Patent Classification (1954) –Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (1957) – Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks (1973) –Locarno Agreement Establishing an International Classification for Industrial Designs (1968)

Niklas Bruun 11 “Third Generation” Conventions (one application-several registrations) –Madrid Agreement Concerning the International Registration of Marks (1891) –Madrid Protocol (1989) –Hague Agreement Concerning the International Deposit of Industrial Designs (1925) –Patent Cooperation Treaty (PCT) (1970)

Niklas Bruun 12 “Third Generation” Conventions (cont.) –Budapest Treaty on the International Recognition of the Deposit of Micro- organisms for the Purposes of Patent Procedure (1980) –Lisbon Agreement for the Protection of Appellation of Origin and their International Registration (1958)

Niklas Bruun 13 “Fourth Generation” TRIPS Background: Globalisation –New relationship between trade and IPR (Trade Related Aspects of Intellectual Property Rights) –Minimum requirements (Bern, Paris etc) –Most Favoured Nation-principle (MFN) –Focus on enforcement

Niklas Bruun 14 “Fourth Generation” TRIPS MFN-principle: “..with regard to the protection of intellectual property, any advantage, favour, privilege or immunity granted by a Member to the nationals of any other country shall be accorded immediately and unconditionally to the national of all other Members.”

Niklas Bruun 15 “Fourth Generation” EU From National to Regional Protection Stage 1. –Creating an Internal Market and promoting harmonization of IPR-systems in the Member States  Directives on trade marks and legal protection of designs  Five Directives on copyright (term of protection, computer program, rental rights and lending rights etc)  A Directive on Databases

Niklas Bruun 16 “Fourth Generation” EU Stage 2. –Creating Community-Wide IP Rights  Community Trade Mark  Community Design  Community Plant Variety Right  Community Patent (still pending but political agreement reached)

Niklas Bruun 17 “Fourth Generation” EU Stage 3. –Creating common rules on procedures, enforcement and sanctions (see European Directive (2004/48/EG)  Centralisation of dispute solving procedures and courts (Community patent)  Crossborder Enforcement (Brussels Regulation 44/2001)

Niklas Bruun 18 “Fourth Generation” worldwide Domain Names and UDRP-procedure –Fast, cheap and efficient contractual based procedure –Cybersquatters´ registrations that infringe trade marks can be nullified –No possibilities for damages or other sanctions

Niklas Bruun 19 How does the IPR system function? Summing up –Complicated regulation on several levels (national, regional and global) –Regulation amended and changed several times (complicated to assess old rights) –Enforcement slow, expensive, complicated and mainly national