1. INTELLECTUAL PROPERTY RIGHTS

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

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. 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

6. 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

7. 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

8. 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

9. 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

11. Patent of the Month, Nov 1996

13. 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

14. 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

15. 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

16. 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

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

18. Utility model ?

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

23. 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

24. 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

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

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

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

28. 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

31. 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

32. 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

33. 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