Zusammenfassung der Ressource
FORMS OF INTELLECTUAL PROPERTY
Anlagen:
- they are rights governed by statutes that give people a right to prevent others from exploiting or
abusing their intellectual creations
- PATENTS
- It is a legal title granted to an applicant for the protection of an invention
- Requirements for a Patent
- Patent law requires that the following
criteria must be met for an invention to
be patentable. -The invention must be
novel (new) -Must involve an inventive
step (not obvious) -Must be capable of
industrial application -You should not fall
into the category of "excluded" for
non-patentable matters.
- International Patent Protection
- A patent application must be filed in a
country that is a member of the Paris
Convention
- Patent Cooperation Treaty
- was established in 1970 and currently has a
membership of 144 contracting states
- Refinements of the European Patent
System
- the introduction of New features of the European patent
system, which would improve the overall cost and efficiency
of filing and application of patents in the EU Member States.
The requirements for the translation of the patent
specification or of the claims, as the case may be, in the
languages of the receiving national offices should not be
fulfilled in each of them vary as stipulated in London
- COPYRIGHT
- Granting of Copyright
- Whereas patent protection for
an invention must be applied for
and granted by a patent office,
copyright does not require any
formal application or
registration for protection of a
creative work.
- It is a form of intellectual property
designed to protect the rights of a
creator of literary and artistic works,
Computer programs and databases
- Works Protected by Copyright
- Typical works covered by
copyright are: original literary,
dramatic, musical and artistic
works, published editions of
works, sound recordings, films,
videos, broadcasts and cable
programmes, computer programs
and databases
- International Protection
- While there is no all-governing
‘international copyright’ to protect a
creator’s work worldwide, there are
international treaties that deal with
copyright and to which most countries
have signed up, notably the Berne
Convention for the protection of literary
and artistic works, and the Universal
Copyright Convention (UCC).
- Registration of Copyright
- As mentioned already, there is no
requirement to register a work in order to
obtain copyright protection. However, the
laws of some countries do require
registration in order to have a formal record
of the work that is protected by copyright
- Ownership of Copyright
- The rights covered by copyright can be
divided into economic rights and moral
rights. Economic rights are those rights
dealing with the ownership, use and
exploitation of the work covered by the
copyright.
- Duration of Copyright
- International treaties have done
much to harmonise copyright law
across territories, particularly with
respect to the duration of copyright,
which in the past varied greatly
between countries depending on the
particular form of copyright.
- DESIGN RIGHTS
- The Community Design
- In October 1998, the EU introduced Directive 98/71/EC, which
harmonised the national systems for protection of designs
across the member states.
- Requirements of a Design
- For a design to be recognised as qualifying for protection under the
Community Design Regulation, it must comply with the following
three requirements: It must fall within the definition of a ‘design’; It
must be novel (absolute worldwide novelty, similar to patent law); and
It must have ‘individual character’.
- Registered Community Design
- An application is examined for conformance to the definition
of a ‘design’ in accordance with the Community Design
Regulation and also to decide whether it is contrary to
morality or public policy
- Unregistered Community Design
- This right is more akin to copyright protection of a design – that is, the
owner can prevent others from copying the design, but does not have a
monopoly on the design, which is the important difference between this
right and that for a registered design.