Professional Documents
Culture Documents
Basic features
Dr Eszter Telek
IPR-Insights Consulting
etelek@ipr.hu
Areas of IPR
Copyright
Industrial rights
Patents
Trademarks
Designs
Etc.
Outline of copyright
Protection of artistic, literary, musical works
Protection of the form, expression
Copyright applies to any expressible form of an idea or information
that is substantive and discrete
Idea, conception, theory not protected
Individual connection between the author and the work
Subjective elements
Homogeneous field
Baselines:
Creator
Work
Exclusive rights
Ipso iure protection
Protection for long (definite) period
Geographical scope
Main rule: only where used/registered
Exemption : Well-known marks
Exclusive right of the trademark owner to use the trademark in the course
of trade
Levels of protection
International
EC/EU
Domestic
International level
General conventions
Berne Convention 1886
Intellectual rights; literary and artistic works
Paris Convention 1883
Industrial rights; patents, trademarks and design
rights
TRIPs 1994
Basic principles:
No extra-territorial effect of national legislation,
principle of national treatment (nondiscrimination),
Minimum requirement to national legislation etc.
Patent
Paris Convention 1883
Patent Co-operation Treaty 1970
European Patent Convention 1973
EU and non-EU countries
Trademark
Paris Convention 1883
Madrid Agreement 1891
Madrid Protocol 1989
EU level
EU and national IPR-laws – there is no exclusive EU
competence
There is no separate EU IPR-policy
Internal market relevance
Gradation
Fragmentation
Subsidiarity
Cultural aspects
Strong political interests
Regulation
Horizontal
Non-horizontal
EU level - Copyright
Directive 91/250/EEC Legal protection of computer programs
Directive 92/100/EEC Rental right and lending right and on certain
rights related to copyright in the field of intellectual property
Directive 93/83/EEC The coordination of certain rules concerning
copyright and rights related to copyright applicable to satellite
broadcasting and cable retransmission
Directive 93/98/EEC Harmonizing the term of protection of
copyright and certain related rights
Directive 96/9/EC Legal protection of databases
Directive 2001/29/EC The Info.soc. Directive
Directive 2001/84/EC Resale right for the benefit of the author of
an original work of art
Directive 2004/48/EC Enforcement of intellectual property rights
Patents:
Directive 1998/44/EC on the legal protection of biotechnological inventions
COM(2002) 92 Final Proposal for a directive on the patentability of computer-
implemented inventions
Design rights:
Directive 98/71/EEC on the legal protection of designs
Regulation 6-2002 on Community designs