INTELLECTUAL PROPERTY RIGHTS

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

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

INTELLECTUAL PROPERTY RIGHTS OBJECT OF PROTECTION PREREQUISITE INTERNATIONAL CONVENTION HARMONIZED IN THE EU PATENT Product, device, process, chemical substance capable of industrial application 1) Novelty 2) Inventive step Paris Convention PCT EU Patent: System of application UTILITY MODEL Product with new technical solution, form, structure or their combination Novelty TRADE MARK Symbol that individualises the goods and services of an enterprise Distinguishability Madrid Protocol EU Trademark INDUSTRIALDESIGN Design visible to eyes Novelty, distinguishability Community Design COPYRIGHT Tangible form of a creative endeavour Originality, intellectual creativity Berne Convention Harmonizing directives

INTERNATIONAL SCOPE OF INTELLECTUAL PROPERTY RIGHTS (1) Bern Convention Paris Convention INDUSTRIAL PROPERTY ARTISTIC PROPERTY PCT EU: European Patent PATENT UTILITY MODEL COPYRIGHT Madrid Protocol EUTrademark TRADEMARK EU: Community Design INDUSTRIAL DESIGN

INTERNATIONAL SCOPE OF INTELLECTUAL PROPERTY RIGHTS (2) PARIS CONVENTION national treatment right of priority WTO members must observe BERNE CONVENTION minimum standards national treatment non-conditional protection EU TRADEMARK Harmonized in the EU COMMUNITY DESIGN COPYRIGHT DIRECTIVES Patent Co-operation Treaty European Patent Coordinated application process Madrid Protocol

PATENT Sole right to commercial exploitation of an invention granted by registration with the national patent office The proprietor may Prohibit others from exploiting the invention commercially Give his consent to another person to exploit the patent The exclusive rights are national

Patentable invention 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

Patent of the Month, Nov 1996

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 Paris Convention Harmonized legislation Privileged period of 12 months to meet the novelty requirement b) Patent Co-operation Treaty (PCT) Application filed with the national patent office or the international central organisation WIPO 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

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

Utility model ?

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

1. EU Trademark Application filed with the national office => sends it to the Office for Harmonisation in the Internal Market (OHIM) => grants EU Trademark 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 Harmonized legislation Privileged period of 12 months to meet the novelty requirement 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

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

2. 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 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

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

Protected by copyright (1) 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 Doctrine of exhaustion of rights The doctrine only applies to sales Right of performance: Right to communicate the work to the public by any means whatsoever

Protected by copyright (2) 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