1. INTELLECTUAL PROPERTY RIGHTS IN FINLAND

2. Patent
Trade mark
Copyright
Industrial design
Utility model

3. 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.

4. Types of IP COPYRIGHTS protect expressions of ideas
TRADEMARKS protect marks that Identify a source of goods or services
PATENTS protect ideas reduced to physical practice
TRADE SECRETS protect commercially valuable, generally unknown information, based on reasonable efforts to protect

5. INTELLECTUAL PROPERTY RIGHTS
OBJECT OF
PROTECTION
PREREQUISITE
INTERNATIONAL CONVENTION
HARMONIZED IN THE EU
PATENT
Product, device, process,
chemical substance
Novelty, an inventive step, susceptible of industrial application
Paris Convention
EU Patent
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
Madrid Protocol
Community Trade Mark
INDUSTRIALDESIGN
Design visible to eyes
Community Design
COPYRIGHT
The tangible form of a creative endeavour
Original, intellectual creation
Berne Convention

6. Public Domain
Public Domain: contains all knowledge That is not protected by intellectual property law.
Intellectual property law provides protection that is limited:
Either in duration (e.g., patent and copyright)
and/or in scope (e.g., FAIR USE in copyright).
Unauthorized use of protected intellectual property is an infringement of the property owner's rights.

7. Transferability and Duration
Once created, intellectual property is transferable via the ordinary law of contracts and ( intangible) personal property.
Once protection terminates, or if protection is not properly obtained, then the intellectual property reverts to the public domain.

8. 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

9. 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

10. 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

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

12. What Is A Trademark?
A trademark protects any word, name, symbol, or device that acts as an indication of source of a product or service, including slogans, sounds and packaging
Purpose of trademark protection:
Promote public interest in knowing the source of a good or service
Protects the goodwill and reputation of the trademark owner
Duration:
Trademarks may exist indefinitely, as long as they are not abandoned

13. Types of Trademarks
Service Marks (identifying the source of services rather than goods) are comparably defined and governed by nearly identical rules
Collective Marks indicate membership in groups, e.g., unions
Certification Marks indicate quality, conformance with standards, etc. (e.g., UL, CB, Common Criteria)
Trade Names are not necessarily trademarks, but can be if they don’t merely reiterate owner’s name

14. Trademark Criteria To be enforceable, trademarks must be:
used in commerce (or bona fide intention to do so within 3 years),
not likely to cause confusion in the marketplace,
not merely descriptive or generic
i.e., of the goods, the owner, geographic location, and
not:
deceptively (geographically) misdescriptive
comprised of immoral, deceptive, disparaging or scandalous matter
comprised primarily of:
a national flag or insignia
names or portrayals of living persons (w/o their consent)

15. Trademark Ownership/Transfer
In US, trademark assignments must be recorded with USPTO within 3 months of transfer
if not, mark may be unenforceable against infringers, subsequent bona fide purchaser who records assignment within statutory time period
Trade marks can be deemed abandoned if not consistently used or maintained
in US, can be as little as 3 years w/o actual use, adequate quality control, etc.

16. Trademark Enforcement
Strength/enforceability of trademarks can be weakened by improper use
as a verb/adjective (“to Xerox a document”)
failure to consistently enforce mark against infringers
faulty marking
“®” only used for registered marks
“™” used in all other situations

17. Trademark Symbols Use of the "TM", "SM" and "®" Trademark Symbols
If you want to claim the rights of a name or logo, use the TM (trademark) or SM (service mark) designation to give notice to the public about your claim. This use of the TM or SM Trademark Symbol does not mean a legally enforceable trademark.
The registration symbol, ®, however, does carry legal weight. It may only be used when the mark is registered properly.

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

19. 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

20. 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
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