1. IP Law JUDr. at Mg.A. Petra Zikovska Faculty of Law Charles University

2. Preview Introducing Czech republic and Charles University Introducing Czech republic and Charles University IP Law IP Law Patents Patents Trademarks Trademarks Industrial Designs Industrial Designs Copyright Law (anglo-american vs european system) Copyright Law (anglo-american vs european system)

3. Czech Republic Population: 10 322 689 (2007 est.) Population: 10 322 689 (2007 est.) Square area: 78 867 km 2 (density 130,8 Square area: 78 867 km 2 (density 130,8 inhabitants per km 2 ) inhabitants per km 2 ) Average (day) temperature in July: 25 °C (77 °F) Average (day) temperature in July: 25 °C (77 °F) Official language: Czech Official language: Czech

4. Geographical position in Europe Position in Central Europe, neighbouring states – Germany, Austria, Slovakia, Poland

5. Landscape Landscape rivers – Vltava, Labe (Elbe), Oder rivers – Vltava, Labe (Elbe), Oder mountain ranges – Bohemian Forest, Jizerske Mountains, Karpaty Mountains, Eagle Mountains, Krkonoše Mountains Bohemian- Moravian Highlands mountain ranges – Bohemian Forest, Jizerske Mountains, Karpaty Mountains, Eagle Mountains, Krkonoše Mountains Bohemian- Moravian Highlands Development of the Czech Republic

6. Contemporary Czech Republic Parliamentary democracy – separation of powers between Parliament, Government, Judiciary Membership in key international organisations:  UN – accession 1st January, 1993 (x Czechoslovakia) (x Czechoslovakia)  EU – accession 1st May, 2004  NATO – accession 12th March, 1999 Development of the Czech Republic

8. History of IP Law teaching at Charles University Charles University has been estadlished in 1348, one of the oldest universities in Europe Copyright Law was taught from the beginning of the 20th century as a part of private law Trademark Law was taught as a part of commercial law In the communist era the actual meaning of trademark protection was lost, as there was no competition at all Institute of Copyright, Industrial Property Rights and Competition Law

9. Literature D. Lipszyc, Copyright and Neighbouring Rights, UNESCO Publ., ed. 1999 GOLDSTEIN, International copyright, Oxford Un. Press, 2001

10. On-line Materials UNESCO http://www.unesco.org/culture/laws/copyright WTO http://www.wto.org WIPO www.wipo.org

11. Exams Multiple choice test (30 questions-50 minutes) All questions will be discussed during the classes – attendance !!!

12. Intellectual Property Definition (WIPO): Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce –Industrial property rights –Copyright and related rights

13. Some IP found in a mobile Some IP found in a mobile phone Trade marks: Made by "Nokia" Product "N95" Software "Symbian", "Java" Patents: Data-processing methods Semiconductor circuits Chemical compounds … Copyrights: Software code Instruction manual Ringtone … Trade secrets: ? Designs (some of them registered): Form of overall phone Arrangement of buttons in oval shape Three-dimensional wave form of buttons … © Nokia

14. Overview of intellectual property Legal right What for? How? Copyright Original creative or artistic forms Trade marks Distinctive identification of products or services Use and/or registration Registered designs Registration* PatentsNew inventions Application and examination Exists automatically Trade secrets External appearance Valuable information not known to the public Reasonable efforts to keep secret

15. Importance of intellectual property Essential business asset in the knowledge economy –Swedish steel-maker Sandvik: 20% of its value is from IP! Increases funding for innovative projects –Without IP many innovative projects would not be profitable because anyone who wanted could simply copy the results Protects small innovative firms –Dolby ® Laboratories –W. L. Gore & Associates (Gore-Tex ® ) Needed to release IP into the public domain under controlled conditions: –Linux (GPL): improvements must be free too!

16. Examples of valuable intellectual property Coca-Cola ® Apple ® iPod ® Optional DNA copying process Harry Potter Instant camera

17. Patents Legal protection granted to the inventionLegal protection granted to the invention A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. In order to be patentable, the invention must fulfill certain conditions – formal principle of the protectionA patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. In order to be patentable, the invention must fulfill certain conditions – formal principle of the protection

18. The first account of a "patent system " In the ancient Greek city of Sybaris (destroyed in 510 BC), leaders decreed: "If a cook invents a delicious new dish, no other cook is to be permitted to prepare that dish for one year. During this time, only the inventor shall reap the commercial profits from his dish. This will motivate others to work hard and compete in such inventions." Optional

19. The patent system Senate of Venice, 1474: "Any person in this city who makes any new and ingenious contrivance, not made heretofore in our dominion, shall, as soon as it is perfected so that it can be used and exercised, give notice of the same to our State Judicial Office, it being forbidden up to 10 years for any other person in any territory of ours to make a contrivance in the form and resemblance thereof". Today: New to the world (Europe); up to 20 years of protection Incentive to innovate(grant protection) Incentive to share knowledge (publish the invention's details)

20. The patent system Charles H. Duell, commisioner: United States Patent and Trademark Office, 1899 "Everything that can be invented has been invented." has been invented."

21. Number of patent applications per year worldwide Year in which application filed Number of inventions for which patent protection sought Optional

22. The "social contract" implicit in the patent system Reveal invention Get exclusivity …so that others can learn from it and improve upon it!

23. Rights conferred by the patent Prevent others from making, using, offering for sale, selling or importing infringing products in the country where the patent was granted Sell these rights or conclude licensing contracts For up to 20 years from the date of filing of the patent application patent search A patent search is indispensable!!!

24. Trademark Distinctive sign connected with goods or services Protection: formal principle Registered for certain goods or cervices Well known trademarks: IBM, Misrosoft, Coca-Cola

25. Trademarks A trademark provides protection to the owner of the mark by ensuring the exclusive right to use it to identify goods or services, or to authorize another to use it in return for payment Trademarks may be one or a combination of words, letters, and numerals. They may consist of drawings, symbols, three- dimensional signs such as the shape and packaging of goods, audible signs such as music or vocal sounds, fragrances,

26. Geographical indications A geographical indication (GI) is a sign used on goods that have a specific geographical origin and possess qualities, reputation or characteristics that are essentially attributable to that origingeographical indication Champaigne, Parma Ham, Budweiser Case: Budweiser vs Anheuser Busch

27. Industrial Designs An industrial design is the ornamental or aesthetic aspect of an article. The design may consist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or color. Novelty or originality

28. Copyright Law Artistic, scientific and literary creations of human mind Copy+right Books, films, pictures, choreography…but also software Why software ?

29. Copyright Law books pamphlets computer programs music photos paintings sculptures architecture maps databases films and videos content on websites product catalogs artwork/text on labels and packaging marketing and advertising materials newsletters operating manuals for machines

30. Copyright Law WHAT DOESN’T COPYRIGHT PROTECT? IDEAS OR CONCEPTS METHODS FACTUAL INFORMATION In some countries: GOVERNMENT WORKS; NAMES, TITLES, SLOGANS

31. Copyright vs Droit D´AuterCopyright vs Droit D´Auter Two legal conceptions

32. Some history England -Queen Anne Statute (1710) – exclusive right for Author to publish book, subject to a registration, censorship effort of the Queen USA -Federal Copyright Act 1790+constitution France -Decree of 1791 (exclusive right for performances – play writers) -In 1866 post mortem protection of 50 years

33. Copyright Law principles European copyright law (droit dáuteur) – informal – no formal obligation should be fulfilled in order to get the protection The protection exists as soon as the work is expressed in perceivable form – but no fixation in a material form is required But!!! Anglo-American copyright law is based on the formal principles – registration with copyright office was needed, now fixation only ! sample

34. Copyright Law principles Dual conception of copyright – consists of moral rights and economic rights Moral rights are connected with the creator – cannot be sold nor waived - right to claim authorship + right to oppose the distortion or mutilitation of one’s work But !!! Anglo-American copyright law is does not recognize the moral right except VARA

35. VARA Visual Artist Right Act [1990] – amendment to the U.S. Federal Copyright Act The reason for the adoption – U.S. acceded to a Berne convention, which guarantee moral rights VARA: certain moral rights are granted to a limited group of authors [visual artists], but could be waived + expired when author died U.S. legislation is still in conflict with Berne convention

36. Moral rights MORAL RIGHTS Paternity/acknowledgement Integrity (object to mutilation or distortion) NON- TRANSFERABLE

37. Economic rights 2nd April 2007 ECONOMIC RIGHTS Reproduction Communication to the public (display, perform)/making available to the public (internet) Distribution (sell and in some cases rent or lend) Adapt or translate TRANSFERABLE

38. Droit dáuteur Continental Europe Tradition –Decrees of Assembly of French revolution –Countries with roman law tradition (Europe) + south America + former colonies in Africa Individualistic orientation -Work is emanation of the authors personality Decisive influence on protection scheme -moral rights, original ownership –natural person only

39. Copyright Anglo-American conception -Queen Anne Statute -Countries with Common Law tradition More industrially oriented viewpoint Decisive influence on protection Scheme -protection systém more limited (no moral rights, requirement of fixation)

40. Anglo-American vs European Copyright Law system summary Formal vs. informal Economic rights vs. moral rights Transfer of rights [buy out] vs. constitutional system of transferring the rights creator: legal entity vs. natural person case: Shostakovich vs. Warner Entertainment