1. INTELLECTUAL PROPERTY RIGHTS

2. Patent
Trade mark
Copyright
Industrial design
Utility model

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. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

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

16. 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

17. 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

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

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

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

21. 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

22. 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

23. 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