Lesson 5: Intellectual property law
1 Introduction and forms
intellectual property (IP)
-types of products of the human mind
-the intangible result of creative and innovative human activity
intellectual property law
-a defined set of exclusive rights that are recognized by the law
-intangible assets such as musical, literary, and artistic works; discoveries and inventions;
words, signs, symbols, and designs
-certain legal requirements must be fulfilled
-common types: copyrights, trademarks, patents, industrial design rights, and trade secrets
2 Trademarks
function
1. to distinguish the products or services of a company from products of other
companies -> legal quality
2. to refer to a particular quality of products for which the trademark is used and
stands for, the trademark protects the investment in labor and capital and the
goodwill achieved through these efforts in the marketplace -> legal quality
3. to relate a particular product to the producer, it indicated the origin of the product
for which the mark is used -> economic/commercial nature
4. to promote the marketing and sale -> economic/commercial nature
definition
-a trademark is a sign used on a product or in connection with the marketing of a product or
service
-sign may consist of one or more distinctive words, letters, numbers, pictures, color, and
drawings and the distinctive form of a product (shape of coke bottle), sometimes even
sounds and scents
registration
forms
-word marks
word marks with distinctive scripts or drawings
-designs
-combination of the above
Lesson 5 1/8
, requirements
-cannot be descriptive or generic
-cannot reflect the goods themselves
-cannot be misleading
-cannot be contrary to public order, good custom, or applicable law
o absolute grounds for refusal
relative grounds
-cannot be identical to an earlier mark used for identical goods or services
-cannot be identical or similar to an earlier mark used for similar goods or services
absolute/relative grounds
the absolute grounds always answer the question of whether the trademark is compliant
with the applicable law, whereas the relative grounds decide whether a trademark is
sufficiently distinctive
likelihood of confusion
whether a relative grounds for refusal exists, or whether an existing trademark is being
violated
geographical application
-registration is always on a national basis, legal protection for the country
-there is no “international trademark”
-Madrid system
o international form of registration, the trademark is protected in several countries
o registration is equivalent to an application, or a registration of the same mark
effected directly in each of the countries designated by the applicant
o possible to record subsequent changes or to renew the registration through a single
procedural step
the Nice Classification
an international classification of good and services applied for the registration of trademarks
rights
the rights are granted to the first person applying for the trademark
• prohibit the application of the trademark to products, packages, etc.
• prohibit that anyone stores, sells or brings into circulation products/services with the
trademark
• prohibit the use of the trademark for advertising or other business purposes
• prevent the import/export of goods with the trademark
• enforce civil claims for damages
• claim criminal remedies
• count on support by customs authorities
Lesson 5 2/8
1 Introduction and forms
intellectual property (IP)
-types of products of the human mind
-the intangible result of creative and innovative human activity
intellectual property law
-a defined set of exclusive rights that are recognized by the law
-intangible assets such as musical, literary, and artistic works; discoveries and inventions;
words, signs, symbols, and designs
-certain legal requirements must be fulfilled
-common types: copyrights, trademarks, patents, industrial design rights, and trade secrets
2 Trademarks
function
1. to distinguish the products or services of a company from products of other
companies -> legal quality
2. to refer to a particular quality of products for which the trademark is used and
stands for, the trademark protects the investment in labor and capital and the
goodwill achieved through these efforts in the marketplace -> legal quality
3. to relate a particular product to the producer, it indicated the origin of the product
for which the mark is used -> economic/commercial nature
4. to promote the marketing and sale -> economic/commercial nature
definition
-a trademark is a sign used on a product or in connection with the marketing of a product or
service
-sign may consist of one or more distinctive words, letters, numbers, pictures, color, and
drawings and the distinctive form of a product (shape of coke bottle), sometimes even
sounds and scents
registration
forms
-word marks
word marks with distinctive scripts or drawings
-designs
-combination of the above
Lesson 5 1/8
, requirements
-cannot be descriptive or generic
-cannot reflect the goods themselves
-cannot be misleading
-cannot be contrary to public order, good custom, or applicable law
o absolute grounds for refusal
relative grounds
-cannot be identical to an earlier mark used for identical goods or services
-cannot be identical or similar to an earlier mark used for similar goods or services
absolute/relative grounds
the absolute grounds always answer the question of whether the trademark is compliant
with the applicable law, whereas the relative grounds decide whether a trademark is
sufficiently distinctive
likelihood of confusion
whether a relative grounds for refusal exists, or whether an existing trademark is being
violated
geographical application
-registration is always on a national basis, legal protection for the country
-there is no “international trademark”
-Madrid system
o international form of registration, the trademark is protected in several countries
o registration is equivalent to an application, or a registration of the same mark
effected directly in each of the countries designated by the applicant
o possible to record subsequent changes or to renew the registration through a single
procedural step
the Nice Classification
an international classification of good and services applied for the registration of trademarks
rights
the rights are granted to the first person applying for the trademark
• prohibit the application of the trademark to products, packages, etc.
• prohibit that anyone stores, sells or brings into circulation products/services with the
trademark
• prohibit the use of the trademark for advertising or other business purposes
• prevent the import/export of goods with the trademark
• enforce civil claims for damages
• claim criminal remedies
• count on support by customs authorities
Lesson 5 2/8
