1. INTELLECTUAL PROPERTY RIGHTS

2. Patent
Trade mark
Copyright
Industrial design
Utility model

3. 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

4. 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

6. 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

7. 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

8. 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

9. 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