COURSE ON INTELLECTUAL PROPERTY LAW ICT International Doctorate School ICT International Doctorate...

COURSE ON COURSE ON INTELLECTUAL PROPERTY INTELLECTUAL PROPERTY

LAWLAW

ICT ICT InternationalInternational DoctorateDoctorate SchoolSchool

Department of Information Engineering Department of Information Engineering and Computer Scienceand Computer Science

University of TrentoUniversity of Trentoacademic year 2007/2008academic year 2007/2008

(Lecturer: avv. Maria Cristina Osele)(Lecturer: avv. Maria Cristina Osele)

http://www.ict.unitn.it/ict/home







M.C. Osele - Course IP Law 2008M.C. Osele - Course IP Law 2008 22

Course on Intellectual Property LawCourse on Intellectual Property Law

Lecture no. 1Lecture no. 1

Introduction to the course, to IP and to Introduction to the course, to IP and to IP legislationIP legislation

february 1st, 2008february 1st, 2008

from 4.00 p.m. to 6.00 p.m.from 4.00 p.m. to 6.00 p.m.


Course General InformationCourse General Information

Course Title: Intellectual Property Law Course Title: Intellectual Property Law

DEGREE: DEGREE: International Graduate School in Information and Communication International Graduate School in Information and Communication

Technologies Technologies

Lecturer: avv. Maria Cristina OseleLecturer: avv. Maria Cristina Osele

Academic Year 2007 -2008Academic Year 2007 -2008

COURSE YEAR: COURSE YEAR: first year in the P.h.D. program of International Graduate School in first year in the P.h.D. program of International Graduate School in

Information and Communication Technologies Information and Communication Technologies

PERIODPERIOD: first semester: first semesterSTART DATESTART DATE: February 1st: February 1stEND DATEEND DATE: Aprile 4th: Aprile 4th



Course Title: Intellectual Property LawCourse Title: Intellectual Property Law

CREDITS: CREDITS: 3 3

NO. OF HOURS OF FACE TO FACE LECTURESNO. OF HOURS OF FACE TO FACE LECTURES: : 20 (maybe more, including part of testimonial’s lectures)20 (maybe more, including part of testimonial’s lectures)

LECTURE TIME AND PLACE:LECTURE TIME AND PLACE: from 4 p.m. to 6 p.m. at the room 204 of the Department I.S.Ifrom 4 p.m. to 6 p.m. at the room 204 of the Department I.S.I

LANGUAGE: English LANGUAGE: English

COURSE OBJECTIVES, COURSE PREREQUISITESCOURSE OBJECTIVES, COURSE PREREQUISITES



Course on Intellectual Property LawCourse on Intellectual Property Law Bibliography for the final examinationBibliography for the final examination

Material used in the lecturesMaterial used in the lectures Court decisions cited as detailed Case LawCourt decisions cited as detailed Case Law

Suggested:Suggested: Kamil IdrisKamil Idris, , Intellectual Property - A Power Intellectual Property - A Power ToolTool

forfor EconomicEconomic GrowthGrowth, , Chapter 1, 2, 3, 4, 5 on Chapter 1, 2, 3, 4, 5 on the Web Site of WIPO htpp://www.wipo.intthe Web Site of WIPO htpp://www.wipo.int

Lawrence LessigLawrence Lessig, www.lessig.org, www.lessig.orgCodev2Codev2 http://codev2.cchttp://codev2.cc


COURSE ON INTELLECTUAL PROPERTY LAWCOURSE ON INTELLECTUAL PROPERTY LAW

EXAMINATIONEXAMINATION

for PHD Studentsfor PHD Students

Examination to be done within April, 4th. Examination to be done within April, 4th.

The examination will consist of:The examination will consist of:

- writing a short paper on the selected topic;- writing a short paper on the selected topic;- the topic must be preliminarly approved. - the topic must be preliminarly approved. - giving a presentation about the selected topic;- giving a presentation about the selected topic;- being present at presentations and asking questions.- being present at presentations and asking questions.


1.1. Introduction to Intellectual PropertyIntroduction to Intellectual Property

2.2. Legislation Legislation

3.3. Intellectual Property Rights: Copyright and PatentIntellectual Property Rights: Copyright and Patent

4.4. Intellectual Property Rights: Trade Secret, Trademark, Unfair Intellectual Property Rights: Trade Secret, Trademark, Unfair competition competition

5.5. Intellectual Property and Cybercrime Intellectual Property and Cybercrime

6.6. Intellectual Property Value Intellectual Property Value

7.7. Intellectual Property and Litigation & Alternative Dispute ResolutionIntellectual Property and Litigation & Alternative Dispute Resolution

8.8. An Overview of IP in some Country in the Asia-Pacific WorldAn Overview of IP in some Country in the Asia-Pacific World

9.9. Case Law and Case StudiesCase Law and Case Studies

10.10. Some University Intellectual Property WebsitesSome University Intellectual Property Websites

11.11. Websites linked in the CourseWebsites linked in the Course

12.12. Discussion about the Course … Discussion about the Course …

Summary of the CourseSummary of the Course


1. Introduction to IP1. Introduction to IP

1.1. What is Intellectual Property?What is Intellectual Property?

2.2. Why do Why do IntellectualIntellectual Property Rights Matter? Property Rights Matter?

3.3. Which are the main IP headings?Which are the main IP headings?

4.4. Which is the expansion of IP law?Which is the expansion of IP law?


What is Intellectual Property?What is Intellectual Property?

IP refers to a legal entitlement and is IP refers to a legal entitlement and is essentially a system of property. essentially a system of property.

Like property in land, you can sell it, donate Like property in land, you can sell it, donate it, or lease it under any sort of conditions and it, or lease it under any sort of conditions and protect it from almost every kind of trespass.protect it from almost every kind of trespass.

The meaning of the word The meaning of the word PropertyProperty::Property is referred to tangible or intangible things. Property is referred to tangible or intangible things. The owner of the property is free to use it as she/he The owner of the property is free to use it as she/he wishes, provided the use is non against the law, and wishes, provided the use is non against the law, and to exclude others from so using that owned item of to exclude others from so using that owned item of property.property.



Under a certain School of thought IP is a common Under a certain School of thought IP is a common good in a public domain (freerider problem)good in a public domain (freerider problem)

Under another School of thought it is a bundle of Under another School of thought it is a bundle of exclusive rights or, better, a government-granted exclusive rights or, better, a government-granted monopolymonopoly(efficient outcome and increased transactions cost) (efficient outcome and increased transactions cost)

CritiqueCritique The use of the term “property” is incorrect The use of the term “property” is incorrect Under Richard Stallman’s objection the term is Under Richard Stallman’s objection the term is

confusingconfusinghttp://www.gnu.org/http://www.gnu.org/philosophyphilosophy//words-to-avoid.htmlwords-to-avoid.html

Under Stephan Kinsella’s objection the word Under Stephan Kinsella’s objection the word “property” implies “property” implies scarsityscarsity, which may not be , which may not be applicable to ideasapplicable to ideashttp://www.stephankinsella.com/publications.php#IPhttp://www.stephankinsella.com/publications.php#IP

Compared with tangible property, there is a different Compared with tangible property, there is a different set of laws and different penaltiesset of laws and different penalties



Intellectual property is an old concept, from Jewish Law, to Intellectual property is an old concept, from Jewish Law, to Venetian Law of 1474, to Tudor’s Law…Venetian Law of 1474, to Tudor’s Law…(see Kamil Idris, (see Kamil Idris, Intellectual Property - A Power Tool for Economic GrowthIntellectual Property - A Power Tool for Economic Growth, , Chapter 1) Chapter 1)

““Intellectual Property” is used for types of property resulting Intellectual Property” is used for types of property resulting form creations of human mind, the intellect.form creations of human mind, the intellect.

On On WIPO Copyright TreatyWIPO Copyright Treaty signed at Stockholm on July 14, signed at Stockholm on July 14, 1967 art. 2, IP is 1967 art. 2, IP is

““Literary artistic and scientific works; performances of Literary artistic and scientific works; performances of performing artists, phonograms and broadcasts; inventions in performing artists, phonograms and broadcasts; inventions in all fields ho human endeavor; scientific discoveries; industrial all fields ho human endeavor; scientific discoveries; industrial designs; trademarks, service marks and commercial names designs; trademarks, service marks and commercial names and designations; protection against unfair competition” and designations; protection against unfair competition” and and ““all other rights resulting from intellectual activity in the all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fieldsindustrial, scientific, literary or artistic fields”.”.


Why do Intellectual Property Rights Why do Intellectual Property Rights Matter?Matter?

because...because...

““Imagination is more important than Imagination is more important than knowledge”knowledge”

Albert Einstein, Scientist (1879-1955)Albert Einstein, Scientist (1879-1955)

and....and....

““Intellectual property is based on the Intellectual property is based on the power of power of imagination”imagination”

Kamil Idris, WIPOKamil Idris, WIPO


““Innovation is…Innovation is…

the key to development, and intellectual property is a the key to development, and intellectual property is a cornerstone of any innovation policy”cornerstone of any innovation policy”

““The question is how to create in a given country or region the The question is how to create in a given country or region the appropriate framework to ensure that intellectual property is appropriate framework to ensure that intellectual property is used effectively for the benefit of society”used effectively for the benefit of society”

Professor Manuel DesantesProfessor Manuel DesantesVice-President DG 5 Vice-President DG 5

Legal/International Affairs Legal/International Affairs



Creative works stimulate their creation and, with such creations, Creative works stimulate their creation and, with such creations, they stimulate economic developmentthey stimulate economic development

Anyway the effort into an intellectual creation needs some Anyway the effort into an intellectual creation needs some benefit as a result of this endeavourbenefit as a result of this endeavour

By giving protection to IPBy giving protection to IP

Endeavours are encouraged to promote Research & Endeavours are encouraged to promote Research & DevelopmentDevelopment

It is possibile to have the continuum from Problem to It is possibile to have the continuum from Problem to Knowledge and from Knowledge to InnovationKnowledge and from Knowledge to Innovation

Industries are encouraged to invest money and create Industries are encouraged to invest money and create innovationinnovation

Such works bring financial returnSuch works bring financial return



In few words:In few words:

““Research Research is the conversion of is the conversion of money in knowledgemoney in knowledge

InnovationInnovation is the conversion of is the conversion of

knowledge in money”knowledge in money” ((Bayer- Bayer-

Bruxellesip2004)Bruxellesip2004)


Which are the main headingsWhich are the main headingsin IP?in IP?

Intellectual Property is usually dealt with under the following main Intellectual Property is usually dealt with under the following main headingsheadings

Fields inFields in Intellectual propertyIntellectual property headings and headings and lawslaws

1.1. Literary, artistic, scientifc works, softwareLiterary, artistic, scientifc works, software Copyright Copyright2.2. Performances, broadcasts concertsPerformances, broadcasts concerts Copyright Related Copyright Related

RightsRights3.3. Inventions, (software?)Inventions, (software?) Patents/Industrial Property Patents/Industrial Property 4.4. Industrial designsIndustrial designs Design/Industrial Design/Industrial

PropertyProperty5.5. Trademarks, service marks, commercial namesTrademarks, service marks, commercial names Trademark/Ind. Property Trademark/Ind. Property6.6. Geographical IndicationsGeographical Indications Geog.Indic./Ind. Geog.Indic./Ind.

PropertyProperty 7.7. Unfair competitionUnfair competition Special laws Special laws


Which is the expansion of IP laws?Which is the expansion of IP laws?

Intellectual Property Law is growing and there are new Intellectual Property Law is growing and there are new issues, such asissues, such as

1.1. New subject matter such as databases, life forms, software New subject matter such as databases, life forms, software algorithms, business modelsalgorithms, business models

2.2. New categories of activity and an increase of the protectionNew categories of activity and an increase of the protection3.3. An expansion of the definition of “author” to include An expansion of the definition of “author” to include

corporationscorporations4.4. Increasing use of non-conventional trademarks as Microsoft’s Increasing use of non-conventional trademarks as Microsoft’s

slogan “Where do you want to go today?”slogan “Where do you want to go today?”5.5. Software-based DRM tools and the limit to fair use provisionsSoftware-based DRM tools and the limit to fair use provisions6.6. The problem of “piracy” in InternetThe problem of “piracy” in Internet7.7. And many other news…And many other news…


2. Legislation2. Legislation

Legal Framework Legal Framework

International Agreements: Treaties and Conventions and similar International Agreements: Treaties and Conventions and similar intergovernmental instrumentsintergovernmental instruments

Laws in force in each own country (U.S.A., Italy)Laws in force in each own country (U.S.A., Italy)

European Directives and other European documentsEuropean Directives and other European documents


International AgreementsInternational Agreements 1. COPYRIGHT1. COPYRIGHT

1.1. Berne ConventionBerne Convention for the Protection of Literary and Artistic Works – for the Protection of Literary and Artistic Works – 1886 and further amendments1886 and further amendmentsIt deals with the protection of copyright and lays down very It deals with the protection of copyright and lays down very important minimum protections standards to be met by national important minimum protections standards to be met by national law in the countries party of the Convention. law in the countries party of the Convention.

2.2. TRIPS AgreementTRIPS Agreement (Treade Related Aspects of Intellectual Property Rights by the WTO (Treade Related Aspects of Intellectual Property Rights by the WTO – World Trade Organization).Among other things, it contains a – World Trade Organization).Among other things, it contains a reference to the substantive provisions of the Berne Convention, reference to the substantive provisions of the Berne Convention, leaving aside moral rights not considered trade-related. In addition leaving aside moral rights not considered trade-related. In addition to the Berne Convention TRIPS Agreement introduce the protection to the Berne Convention TRIPS Agreement introduce the protection for new types of creations, new technologies (computer programs for new types of creations, new technologies (computer programs and original databases) and new forms of exploitation (right of and original databases) and new forms of exploitation (right of rental)rental)

3.3. WIPO Copyright TreatyWIPO Copyright Treaty (WCT) 1996 This treaty responds to the (WCT) 1996 This treaty responds to the need to protect works trasmitted by digital means, including via need to protect works trasmitted by digital means, including via Internet. The subject matter to be protected through copyright by Internet. The subject matter to be protected through copyright by the WCT includes computer programs, compilations of data or the WCT includes computer programs, compilations of data or other material (databases), reproduction fully applies in the digital other material (databases), reproduction fully applies in the digital environment, the rights of distribution, rights of rental, etc.environment, the rights of distribution, rights of rental, etc.


International AgreementsInternational Agreements 2. RELATED RIGHTS 2. RELATED RIGHTS

(derived from a work protected by copyright) (derived from a work protected by copyright)

1.1. Rome ConventionRome Convention for the Protection of Performers, Producers of for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations 1961Phonograms and Broadcasting Organizations 1961 and further and further amendmentsamendments

2.2. TRIPS AgreementTRIPS Agreement (Treade Related Aspects of Intellectual Property Rights (Treade Related Aspects of Intellectual Property Rights administrated by the WTO – World Trade Organization)administrated by the WTO – World Trade Organization)

3.3. WIPO Performances and Phonograms TreatyWIPO Performances and Phonograms Treaty (WPPT) December (WPPT) December 1996, Geneva1996, GenevaIt offers further protection of the economic and moral rights of It offers further protection of the economic and moral rights of performers and producers of phonograms, in particular as regards performers and producers of phonograms, in particular as regards their exploitation in digital form, including over the Internet.This their exploitation in digital form, including over the Internet.This treaty entered into force on May 20, 2002.treaty entered into force on May 20, 2002.

4.4. Brussels ConventionBrussels Convention Relating to the Distribution of Program- Relating to the Distribution of Program-Carrying Signals Transmitted by SatelliteCarrying Signals Transmitted by Satellite

5.5. Geneva ConventionGeneva Convention for the Protection of Producers of Phonograms for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their PhonogramsAgainst Unauthorized Duplication of Their Phonograms

6.6. Film Film RegisterRegister TreatyTreatyTreaty on the International Registration of Audiovisual Works (Film Treaty on the International Registration of Audiovisual Works (Film Register Treaty) Register Treaty)


International AgreementsInternational Agreements 3. PATENTS3. PATENTS

1.1. Paris ConventionParis Convention for the Protection of Industrial Property,1883 for the Protection of Industrial Property,18832.2. Patent Cooperation Treaty (PCTPatent Cooperation Treaty (PCT)) done at Washington on done at Washington on

June 19, 1970,amended on September 28, 1979June 19, 1970,amended on September 28, 19793.3. PatentPatent Law Treaty (PLT) Law Treaty (PLT), , adopted at Geneva on June 1, 2000 (as in adopted at Geneva on June 1, 2000 (as in

force from April 1, 2002) which harmonizes and streamlines formal force from April 1, 2002) which harmonizes and streamlines formal procedures in respect of national and regional patent applications procedures in respect of national and regional patent applications and patentsand patents

4.4. Budapest TreatyBudapest Treaty on the International Recognition of the Deposit of on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, done at Microorganisms for the Purposes of Patent Procedure, done at Budapest on April 28, 1977,and amended on 1980Budapest on April 28, 1977,and amended on 1980

5.5. StrasbourgStrasbourg Agreement Agreement Concerning the International Patent Concerning the International Patent Classification, March 24, 1971, amended on September 28, 1979Classification, March 24, 1971, amended on September 28, 1979

6.6. TRIPS AgreementTRIPS Agreement (Treade Related Aspects of Intellectual Property Rights WTO – World (Treade Related Aspects of Intellectual Property Rights WTO – World Trade Organization)Trade Organization)

7.7. Munich Convention Munich Convention - - European Patent Convention, of 1973 and European Patent Convention, of 1973 and further amendments, on the grant of European Patentsfurther amendments, on the grant of European Patents

8.8. Washington Washington TreatyTreatyon Intellectual Property in Respect of Integrated Circuitson Intellectual Property in Respect of Integrated Circuits


International AgreementsInternational Agreements 4. TRADEMARKS4. TRADEMARKS

1.1. Madrid Agreement (Madrid Agreement (SourceSource))concerning the International Registration of concerning the International Registration of Marks and Marks and Madrid Agreement (Madrid Agreement (MarksMarks)), , Madrid Madrid ProtocolProtocol

2.2. TRIPS AgreementTRIPS Agreement (Treade Related Aspects of Intellectual Property (Treade Related Aspects of Intellectual Property Rights administrated by the WTO – World Trade Rights administrated by the WTO – World Trade Organization)Organization)

3.3. Trademark Trademark LawLaw TreatyTreatyadopted at Geneva on October 27, 1994adopted at Geneva on October 27, 1994


International AgreementsInternational Agreements

5. Industrial Design5. Industrial Design

1.1. Paris ConventionParis Convention for the Protection of Industrial Property for the Protection of Industrial Property, , 20 March 188320 March 1883


3.3. Hague AgreementHague AgreementConcerning the International Deposit of Industrial DesignsConcerning the International Deposit of Industrial Designs


International AgreementsInternational Agreements

6. GEOGRAPHICAL INDICATIONS 6. GEOGRAPHICAL INDICATIONS

1.1. Paris ConventionParis Convention for the Protection of Industrial Property for the Protection of Industrial Property, , 20 March 188320 March 1883

2.2. Lisbon AgreementLisbon Agreement for the Protection of Appellations of for the Protection of Appellations of Origin and their International RegistrationOrigin and their International Registration



IP Laws in U.S.A.IP Laws in U.S.A.1. COPYRIGHT and RELATED RIGHTS1. COPYRIGHT and RELATED RIGHTS

U.S. Copyright OfficeU.S. Copyright Office

U.S. Constitution, Article I, Section 8, clause 8 U.S. Constitution, Article I, Section 8, clause 8 The Constitution grants power in Congress The Constitution grants power in Congress “to promote the “to promote the

progress of science and useful arts, by securing for limited progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their times to authors and inventors the exclusive right to their

respective writings and discoveriesrespective writings and discoveries””

1.1. Copyright Act of 1976 Copyright Act of 1976 (1909)(1909)In 1790 Congress adopted the first U.S. Copyright law to In 1790 Congress adopted the first U.S. Copyright law to implement the U.S. Constiution. In 1976, with effect on implement the U.S. Constiution. In 1976, with effect on January, 1, 1978, was adopeted the Copyright Act granting January, 1, 1978, was adopeted the Copyright Act granting exclusive rights to copyright owners, also within the context exclusive rights to copyright owners, also within the context of current environment of information technologyof current environment of information technology

2.2. GATTGATT Amendments, 1994 Amendments, 1994General Agreement on Tariffs and Trade (GATT) General Agreement on Tariffs and Trade (GATT) AmendmentsAmendments include a treaty restoring copyright include a treaty restoring copyright


IP Laws in U.S.IP Laws in U.S.

1. COPYRIGHT and RELATED RIGHTS1. COPYRIGHT and RELATED RIGHTSU.S. Copyright OfficeU.S. Copyright Office

3.3. Sonny Bono Copyright Term Extension Act Sonny Bono Copyright Term Extension Act (CTEA), 1998(CTEA), 1998It extends the term of most copyrights by twenty It extends the term of most copyrights by twenty years and harmonizes U.S. law with European years and harmonizes U.S. law with European Copyright lawsCopyright laws

4.4. Digital Millenium Copyright Act (DMCA), Digital Millenium Copyright Act (DMCA), 19981998Its general purpose is to protect copyright Its general purpose is to protect copyright owners from the circumvention of technologies owners from the circumvention of technologies used by them and comply with the WCT (WIPO used by them and comply with the WCT (WIPO Copyright Treaty).Copyright Treaty).


IP Laws in U.S.IP Laws in U.S.2. PATENTS2. PATENTS

U.S. Constitution, Article I, Section 8, clause 8 U.S. Constitution, Article I, Section 8, clause 8 The Constitution grants power in Congress The Constitution grants power in Congress “to promote the “to promote the

progress of science and useful arts, by securing for limited progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their times to authors and inventors the exclusive right to their

respective writings and discoveriesrespective writings and discoveries””1.1. The Patent Act The Patent Act (U.S. Patent &Trademark Office (U.S. Patent &Trademark Office

USPTO) USPTO) It is the main patent statute, provinding among other It is the main patent statute, provinding among other things, that things, that ““whoever invents or discovers any new and useful whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a or any new and useful improvement thereof, may obtain a patent therefore, subject to the condition and requirement patent therefore, subject to the condition and requirement of this statuteof this statute””

2.2. Computer Software Computer Software AmendmentsAmendments

3.3. American Inventors Protection Act of 1999American Inventors Protection Act of 1999It is a series of amendments to the Patent ActIt is a series of amendments to the Patent Act


IP Laws in U.S.IP Laws in U.S.3. TRADE SECRET3. TRADE SECRET

1.1. EconomicEconomic EspionageEspionage ActAct - - The federal act addressing trade secretsThe federal act addressing trade secrets

2.2. UniformUniform TradeTrade Secret Secret ActAct (UTSA) (UTSA)The Uniform Act has not been adopted by every state. It is important to The Uniform Act has not been adopted by every state. It is important to consult the law of the forum state. consult the law of the forum state. For instance see For instance see The California The California TradeTrade Secret Secret LawLaw

3.3. NorthNorth American American FreeFree TradeTrade Agreement (NAFTA) Agreement (NAFTA) It is an agreement that regulates trade between the United States, Canada It is an agreement that regulates trade between the United States, Canada and Mexico and contains a section that establishes uniform minumum trade and Mexico and contains a section that establishes uniform minumum trade secret standards.secret standards.


IP Laws in U.S.IP Laws in U.S.4. TRADEMARK4. TRADEMARK

UNITED STATES PATENTS AND TRADEMARK OFFICE - UNITED STATES PATENTS AND TRADEMARK OFFICE - USPTOUSPTO

1.1. LanhamLanham ActAct of 1976 of 1976 The Lanham Act defines the statutory and common law boundaries to The Lanham Act defines the statutory and common law boundaries to trademark and service marks. The Lanham Act has been encompassed in thetrademark and service marks. The Lanham Act has been encompassed in the TitleTitle 15 of the US Code 15 of the US Code..

2.2. FederalFederal Trademark Trademark DilutionDilution ActAct 1996 1996It amended the Lanham Act to protect companies against dilution of famous It amended the Lanham Act to protect companies against dilution of famous and distinctive marks in the United Statesand distinctive marks in the United States

3.3. Anticybersquatting Consumer Protection Act (ACPA) Anticybersquatting Consumer Protection Act (ACPA) 1999 1999 It protects trademark owners from online cyberpiracy.It protects trademark owners from online cyberpiracy.


IP Laws in ItalyIP Laws in Italy1. Copyright1. Copyright

1.1. LawLaw 22.4.194122.4.1941, n. 633 , n. 633 and further amendments including legislative and further amendments including legislative Decree 29.12.1992, n. 518, which extends copyright to software and Law Decree 29.12.1992, n. 518, which extends copyright to software and Law 18.8.2000, n. 248 18.8.2000, n. 248

2. Patents and Inventions, Industrial Design, Utility Model,Trademark, 2. Patents and Inventions, Industrial Design, Utility Model,Trademark, Trade Secret, Plant breeders rights, semiconductors topographiesTrade Secret, Plant breeders rights, semiconductors topographies

2.2. New New IndustrialIndustrial PropertyProperty Code – D. Leg. 10.2.2005, n. 30 Code – D. Leg. 10.2.2005, n. 30The Code repeals current national laws on patents and inventions, designs, The Code repeals current national laws on patents and inventions, designs, trademarks, plant breeders’rights and semiconductor topographies, most trademarks, plant breeders’rights and semiconductor topographies, most of which dated back to the years between 1939 and 1942, as well as the of which dated back to the years between 1939 and 1942, as well as the later amending laws and decrees issued until 2003 on industrial property later amending laws and decrees issued until 2003 on industrial property mattersmatters


Main IP European Directives Main IP European Directives and other documentsand other documents

1. Copyright1. Copyright

1.1. Directive 96/9 EC Directive 96/9 EC of the European Parliament and of the Council on the of the European Parliament and of the Council on the legal protection of databases, OJEC 1996, L77/20legal protection of databases, OJEC 1996, L77/20

2.2. Directive 2001/29 EC Directive 2001/29 EC of the European Parliament and Council on the of the European Parliament and Council on the harmonization of certain aspects of copyrights and related rights in the harmonization of certain aspects of copyrights and related rights in the Information Society OJEC 2001, L 167/10Information Society OJEC 2001, L 167/10

2. Patents and Invention, Design Rights2. Patents and Invention, Design Rights

1.1. Proposal for a Council Regulation of the Proposal for a Council Regulation of the Community Patent 2000/0412 ECCommunity Patent 2000/0412 EC, 21 november 2003, 21 november 2003

2.2. Proposal for a Directive of the European Parliament and of the Council on Proposal for a Directive of the European Parliament and of the Council on the patentability of computer-implemented inventions, the patentability of computer-implemented inventions, COM (2002) 47/92 COM (2002) 47/92 and otherand other

3.3. Directive 91/250/CEE Directive 91/250/CEE of the Council, May 14, 1991 concerning the legal of the Council, May 14, 1991 concerning the legal protection of computer programprotection of computer program

4.4. Common Position (CE) n. 20/2005 Common Position (CE) n. 20/2005 dated March, 7, 2005dated March, 7, 20055.5. Council Regulation 6/2002 Council Regulation 6/2002 on Community designs, OJEC 2002 L3/1on Community designs, OJEC 2002 L3/1


Main IP European Directives Main IP European Directives and other documentsand other documents

3. Trademark3. Trademark

1.1. Council Regulation 40/04 Council Regulation 40/04 on Community Trademarks OJEC on Community Trademarks OJEC (1994) L 11/1(1994) L 11/1

4. Intellectual Property in General and Technology 4. Intellectual Property in General and Technology TransferTransfer

AgreementsAgreements

1.1. Directive 2004/48 Directive 2004/48 of the European Parliament and of the of the European Parliament and of the Council on the measures and procedures to ensure Council on the measures and procedures to ensure enforcement of intellectual property rightsenforcement of intellectual property rights

2.2. Regulation 772/2004 Regulation 772/2004 on the application of article 81.3 of the on the application of article 81.3 of the Treaty to categories of technology transfer agreements, Treaty to categories of technology transfer agreements, OJEC 2004 L123/11OJEC 2004 L123/11

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