INTELLECTUAL PROPERTY RIGHTS

Patent Trade mark Copyright Industrial design Utility model

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

INTELLECTUAL PROPERTY RIGHTS OBJECT OF PROTECTION PREREQUISITE HARMONIZED IN THE EU INTERNATIONAL CONVENTION PATENT Product, device, process, chemical substance capable of industrial application 1) Novelty 2) Inventive step EU Patent: System of application Paris Convention PCT 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 Community Trade Mark Madrid Protocol INDUSTRIALDESIGN Design visible to eyes Novelty, distinguishability Community Design COPYRIGHT Tangible form of a creative endeavour Originality, intellectual creativity Harmonizing directives Berne Convention

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

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

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

Case Deutsche Grammophon v. Metro, 1971 EEA FRANCE GERMANY Subsidiary of DG Producer Polydor Deutsche Grammophon Copyright € X-2 Exchaustion of rights € X € X-1 Metro