1. INTELLECTUAL PROPERTY RIGHTS

2. Patent
Trade mark
Industrial design
Utility model (petty patent)
Copyright

3. 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

4. SOURCES OF LAW IP law is typically regulated country by country
There are treaties and conventions, however, that attempt to make enforcement more international
Nevertheless, you should always know the laws of the country in which you seek protection

5. 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

6. INTERNATIONAL SCOPE OF PATENT
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 separately
International patent
1. Paris Convention
Harmonized patent legislation in the signatory states
Privileged period of 12 months to meet the novelty requirement
2. Patent Co-operation Treaty (PCT)
Patent application filed with the national office or the international central organisation with a 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

7. INTERNATIONAL SCOPE OF TRADEMARK
EU: Community Trade Mark
Application filed with the national office
=> forwards 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
International trademark
1. Paris Convention
Harmonized legislation
Privileged period of 12 months to meet the novelty requirement
2. Madrid Protocol
Application filed with the national office to be examined
=> 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

8. INTERNATIONAL SCOPE OF INDUSTRIAL DESIGN
EU: Community Design
Application filed with the national office
=> forwards it to the Office for Harmonisation in the Internal Market (OHIM)
=> protection of design in the whole EU
Paris Convention
Harmonized legislation
Privileged period of 6 months to meet the novelty requirement
INTERNATIONAL SCOPE OF COPYRIGHT
Bern Convention
The contracting states have strongly harmonized their copyright laws
Duration of copyright at least 50 years
Protection not subject to registration, system of supervising organisations
Protection must be applied in each country separately
National treatment

9. INTELLECTUAL PROPERTY RIGHTS IN FINLAND

10. INTELLECTUAL PROPERTY RIGHTS
OBJECT OF
PROTECTION
PREREQUISITES
VALIDITY
FORMALITIES
PATENT
Invention:
Product, device, process, chemical substance capable of industrial application
1)Novelty
2) Inventive step
20 years
Not renewable
Registration filed at the National Board of Patents and Registration
UTILITY MODEL
”petty patent”
Product with new technical solution, form, structure or their combination
Novelty
4 years
Renewable first for 4 and then for 2 years
Registration filed at the NBPR
TRADE MARK
Symbol that individualises the goods and services of an enterprise
Distinguishability
Valid indefinitely
Registration must be renewed in every 10 years
1) Registration filed at the NBPR
2) Establishment
COPYRIGHT
Literary and artistic works
Originality, intellectual creativity
50-70 years
No formalities
INDUSTRIAL
DESIGN
Design visible to eyes
Novelty, visible
distinguishability
5 years
Renewable 4 times for 5 years
Application filed at the NBPR

11. PATENT
Sole right to commercial exploitation of an invention granted by registration with the National Board of Patents and Registration of Finland (NBPR)
The proprietor may
Prohibit others from exploiting the invention commercially
Give his consent to another person to exploit the patent
Exceptions
Non-commercial use
Experiments and preparation of medicine
Rights of prior use
Exhaustion
Compulsory licences, expropriation
The exclusive rights are national

12. PATENT Coverage The invention must Products, devices
Processes > Process patent
Chemical compounds > Use patent
The invention must
Be of technical character
Invention must be eligible for use in practice
Have technical effect
Lead to the desired outcome and work as it should
Be capable of industrial application
“Industry” including transport, construction, agriculture, fisheries, handicrafts
Be replicable

13. PATENT Conditions to patentability Novelty Inventive step
Absolute and objective novelty
Public availability eliminates novelty
Through books, journals, articles, prior patent applications in any country, lectures, public use or free access of public
First-to-file principle
Irrespective of who was first to make the invention
Convention priority: Paris Convention gives priority within 12 months from the date of the first application in any member state
Joint ownership constituted while two applications on the same day
Inventive step
Invention differs essentially from earlier inventions
When assessing the requirement a hypothetical person skilled in the art is used

14. PATENT Duration Ownership Transfer of ownership
Patentee has the exclusive right to the commercial exploitation of his invention for up to 20 years
Not renewable
Validity of medical patents can be extended by 5 years
Ownership
One or several individuals
Legal person can acquire derived patent rights only
Transfer of ownership
Transfer of patent application
Transfer of patent itself
Assignment license
Exclusive / non-exclusive right to use the patent
Compulsory licences
Registration of transfer not compulsory

15. PATENT Employee inventions Employer is entitled to acquire
1. All rights to an invention
If it is made
as a result of the employee’s activity in fulfilling his professional duties or
substantially through the application of experience gained in the employer’s enterprise
Provided that
the invention falls within the employer’s actual field of activities or
made as a result of a detailed assignment given to the employee in the course of employment
2. The right to exploit the invention
If it falls within the employer’s field of activities but is made in a looser employment relationship
3. Privilege to the rights to exploit the invention before employee offers them to anyone else
If it falls within the employer’s field of activities but has been made outside the employment relationship
Employee has the right to reasonable remuneration in compensation for the rights transferred

16. PATENT
Exhaustion
The exclusive right does not apply to the use of a patented product that
has been put on the market within the EEA
by the proprietor or
with his consent

17. EEA
GERMANY
FINLAND
Proprietor
Subsidiary AG
Company OYJ
Product sold with the
proprietor’s consent
Exchaustion
of rights
Patent
=>exclusive
right to exploit
€ X-2
€ X
€ X-1
Competitor AG

18. PATENT Costs Infringement and remedies
Application fees
Designation fees in international patents
Annual renewal fees
In international patents payable to the national patent offices of the designated countries
Infringement and remedies
For infringement of the exclusive right, court may
Forbid from continuing or repeating the act
Seize patented products
Sentence to imprisonment or fine for the offence
Remedies
Reasonable compensation for the exploitation of the invention
Damages

19. TRADEMARK Sign that E.g. Individualizes the goods and
services of a given enterprise
and
Distinguishes them from those of others
E.g.
Strong trademarks : Invented words, pictures with high degree of distinctiveness
Weak marks: suggestive words, simple geometrical figure, letters

20. TRADEMARK Signs which serve as trademarks Service marks
Collective marks
Association marks
Control marks

21. TRADEMARK Corporate sign Symbol to identify a company
Not regulated or protected as such in Finland
=> must be protected through
Trademarks Act
Collective marks Act
Trade name Act
Graphical secondary symbol can be protected by right of establishment but can’t be registered
Unfair Trade Practices Act

22. TRADEMARK 1. Registration The symbol acquires protection, if it is
Visual and capable of being reproduced on paper
Distinctive
A trademark identical to a prior mark for identical products is not registrable even if the holder of the prior mark agrees
Descriptive or generic words can’t be registered in any major language
BUT a descriptive trademark may acquire distinctiveness through use (Secondary meaning)
Used in business
Not misleading
Not contrary to law, order or morality

23. TRADEMARK Filing application for registration at the NBPR
Valid for 10 years
Renewable
International classification system for goods and services
Registration in one or more of the classes
May be registered in Finland even if the applicant conducts no business in the country
Protection is not subject to the sign ®
Prohibition
The proprietor of an earlier mark must prohibit the use of a later mark within 5 years of the registration

24. TRADEMARK Rekisterinumero: 238625 Tila: Rekisteröity. Merkki:
238625 
Tila:
Rekisteröity.
Merkki:
Kuvan suurennos
Hakemispäivä:
Rekisteröintipäivä:
Erääntymispäivä:
Haltija:
LORDISIGN OY, Helsinki, FI
Asiamies:
Asianajotoimisto Heinonen & Co Oy
Tavara/palveluluokat
9 16 25 28 30 32 33 41  luokitus NCL(8):n mukaan
Väriselitys:
Merkin värit ovat vihreä, vaaleanpunainen, punainen, musta, harmaa, ruskea ja valkoinen.
International registrations
Madrid protocol / Romarin register
Mark: LORDI
Community Trade Mark
OHIM / CTM register
Trademark name: LORDI

25. TRADEMARK 2. Establishment The symbol acquires protection, if it
Has become generally known in the appropriate business or consumer circles in Finland as a symbol specific to the goods of its proprietor
Must be used for several years or
Has become established by effective advertising campaigns etc.
The target group must know that the proprietor uses the symbol to individualise and distinguish his goods or services, but
The identity of the proprietor doesn’t need to be known
Even if the trademark can’t be represented graphically, it may acquire protection through establishment

26. TRADEMARK Well-known marks
Widely and generally known trademarks may get stronger protection than ordinary trademarks
They may get protection even in places where they were not used or registered
Their protection may go beyond the boundaries of trademark classes
Purpose of the stronger protection is to prevent companies from benefiting the reputation of others and from jeopardizing the reputation and goodwill of the trademark

27. TRADEMARK
Ownership
Trademark can be acquired by anybody for goods and services purveyed in business
May be licensed
Unless otherwise agreed, a trademark accompanies the property when a firm changes owners

28. TRADEMARK Scope of exclusive rights
No person other than the proprietor of the protected trademark may use for his goods any symbol liable to be confused with it
Right to prohibit others from using a similar symbol in any way, even orally
On goods or on their packaging
In advertising
In commercial documents

29. TRADEMARK Limitations to the scope
The proprietor of a trademark can’t prohibit another from
Using his own individual surname, address and trade name
The fair use of a word indicating kind, quantity, quality, use, price, place or time of manufacture of the goods
Misleading or unfair use is forbidden
Independent manufacturers of spare parts may market their goods as “suitable for”
But may not use the logotype of the protected mark

30. TRADEMARK
Exhaustion
The rights conferred by a trademark are exhausted for goods which have been put on the market within the EEA by the proprietor or with his consent
=> Parallel importation is allowed within the EEA
But the importer is
not allowed to use the logotype of the protected mark
not allowed to alter or deteriorate the goods

31. TRADEMARK Losing protection Protection by registration
Expires if not renewed every 10 years
Expires if not used for 5 years
Trademark may be withheld by the registering authority if it has become misleading or contrary to law and order or morality
Protection by establishment
Trademark loses protection if it ceases being established or
Loses its distinguishing power

32. TRADEMARK Infringement and remedies
Court may prohibit continuing infringement of the right to a protected trademark
Compensation for damages
Negligence is normally considered existing because it is the duty of the infringing party to investigate whether the mark in question was protected
If reasonable, profits may be ordered to be transferred to the injured party
Sentenced to a fine or to a term of imprisonment

33. TRADE MARK Rekisterinumero:220696 Tila:Rekisteröity.
Hakemispäivä: Rekisteröintipäivä: Erääntymispäivä: Haltija:OY KARL FAZER AB, Helsinki, FITavara/palveluluokat 30
Väriselitys:Merkin väri on sininen, Pantone 280 C.Merkinselitys:Värirekisteröinti.

34. TRADE MARK Rekisterinumero:139504 Tila:Rekisteröity.
Hakemispäivä: Rekisteröintipäivä:
Erääntymispäivä:
Haltija:JOHNSON & JOHNSON, New Jersey, US
Asiamies:Berggren Oy AbTavara/palveluluokat 21 
Merkinselitys:Ulkoasurekisteröinti.

35. COPYRIGHT Categories Literary works Artistic works
Imaginary, scientific and descriptive literature in written or spoken form
E.g. novels, poems, descriptive literature, computer programs (incl. computer games), databases, catalogues
Artistic works
Musical and dramatic work, cinematographic work, photographic work, work of fine art, product of architecture, artistic handicraft and industrial art

36. COPYRIGHT Requirements The work must have
Intellectual creativity
Originality
The work must be capable of being fixed in a tangible medium
=> protection is given to the expression of the work, not the idea
The author is a physical person

37. COPYRIGHT No registration
Copyright is not dependent on any formalities
The sign ©
Has no legal effect on the protection
Serves as a reminder that the concerned work is protected
No requirements on the quality of the work
“Labour and skill” are not prerequisites for protection

39. COPYRIGHT Employment relationship (applies also to commissioned work)
Initial ownership
The employee acquires initial ownership of the copyright to a work
Economic rights
The parties are free to agree on the transfer of economic rights to the employer
Unless otherwise agreed, the employer acquires the right freely to exploit the work within the employer’s field of activities even after the employment is terminated
The employer may neither alter the work nor transfer it to others, unless otherwise agreed
Exception: Computer programs created within the scope of the duties of an employment relationship
Copyright passes to the employer

40. COPYRIGHT Compilation works Altered forms and adapted works
Compilation work created by combining works or parts of works is subject to copyright
E.g. multimedia works
Altered forms and adapted works
Subject to copyright if the original work meets the copyright requirements
E.g. translations
Joint works
Joint proprietorship is created and the proprietors may exploit their copyright only together

41. COPYRIGHT
Exhaustion
If within the EEA,
a copy of a work has been sold or otherwise permanently transferred with the consent of the author
or a work has been likewise published
Then
the copy may be further distributed but NOT rented
the work may be publicly exhibited
Copyright to the work itself remains with the author
E.g. right of reproduction, public performance
Copies of cinematographic works and computer programs can’t be neither loaned nor rented

42. Exchaustion of rights EEA FRANCE FINLAND Producer
Sold with the consent of procucer
French Subsidiary
Finnish Record OYJ
Exchaustion
of rights
Copyright
=>exclusive
right to sell
€ X-2
€ X
€ X-1
Competitor SA

43. COPYRIGHT Reproduction for private use
Generally not prohibited by copyright
Private copy levy on black tapes
Exceptions:
Computer programs, artistic performances
Downloading illegal copies on the Internet
Downloading for personal use won't be punished, but it may lead to claims for damages, if the copier knows or should have known that the source is illegal
Unauthorized file sharing can be punished as a crime, even though it wouldn't be done for profit
Prohibition of circumventing copy prevention (§50 a)
If the work is protected by an "effective technical measure” copying it even for personal use is prohibited
Circumventing the protection to watch or listen to the work is however legal

44. COPYRIGHT Further exceptions to copyright
Archives, libraries and museums may produce copies of works for internal use using whatever technique necessary
Works may be copied using special techniques for people with disabilities without permission
A published work may be presented publicly in services of worship and education without permission

45. COPYRIGHT Term of protection
70 years counted from the death of the author
Neighboring rights
50 years:
Rights of performing artists
Producers’ rights
Radio and television transmission
Photographs
15 years:
Databases

46. COPYRIGHT Assignment Economic rights are freely transferable
Terms of a licence are to be interpreted restrictively
=> rights which have not, explicitly or implicitly, been transferred to the licensee, remain in the licensor’s possession
Moral rights can’t be transferred
Can be waived

47. COPYRIGHT Collecting societies
Represent the authors in matters of copyright
Even authors which have not transferred their rights
Collect remuneration, supervise the rights etc.
E.g.
Kopiosto ry
Teosto ry
Gramex ry
Kuvasto ry

48. COPYRIGHT Infringement and remedies Compensation and damages
Unauthorised copies may have to be destroyed by court order
Altered copies altered or conveyed by court order
Penal sanctions

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

50. Source: PRH.Hyödyllisyysmallioikeusopas.1998
Utility model
Source: PRH.Hyödyllisyysmallioikeusopas.1998

51. Utility model ?

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