International Intellectual Property Law

This document explores the concepts of international intellectual property law, including patents, copyrights, and trademarks. It discusses the role of the European Union in intellectual property regulation, the principles applied by the Court of Justice, and the importance of the World Intellectual Property Organization and the TRIPS Agreements. The document provides a comprehensive overview of the subject and is suitable for students studying law or intellectual property.

International Intellectual
Property Law

Table of Contents
INTRODUCTION...........................................................................................................................3
TASK...............................................................................................................................................3
European Union and intellectual property law.......................................................................3
Extensive and detailed knowledge of the international legal concepts of the free movement of
goods.......................................................................................................................................6
World Intellectual Property Organization..............................................................................6
TRIPS Agreements.................................................................................................................7
Principles applied by the Court of Justice..............................................................................8
Competition law and Intellectual property.............................................................................9
Intellectual property rights and property law.......................................................................10
CONCLUSION..............................................................................................................................10
REFERENCES..............................................................................................................................11

INTRODUCTION
Intellectual property is the ownership of creator’s own innovation, idea or design. They
are also considered as property in respect of which Intellectual Property Law is formulated. The
law enforces the authorised owner with the rights and also protection from being used or misused
without owner’s permission. The law aims to encourage the innovation, idea or design in order to
attain competitive advantage in the marketplace. The intellectual property law covers several
areas including copyright, patents, trademarks and trade secrets. The IP rights maintains the
balance between the owner’s right and social interest. The competition law deals to restrict
dominant position in the marketplace and aims to counter anti- competitive agreements. The
report examines how the competition law has regulated intellectual property rights.
TASK
European Union and intellectual property law
Intellectual property is basically those rights which is related over making engagement
through which intellectual creative conduct is been protected with the help of patent, copyright,
trademark and design. European Union has standardisation level in respect of intellectual
property. These are covered by many international conventions and many of them are effectively
implemented by the World Intellectual Property Organisation (WIPO) and the World Trade
Organisation (WTO). Members of European Union holds right to make transfer and
implementation possible as per the guidance given under the laws formed by EU. This has made
various kinds of changes possible within patent, copyright and trademark which made EU and
Intellectual property work in more synchronized manner. Further they are explained as follows:
Patent
The patent is been given only when various thing is been achieved that is being novel,
involved with an inventive procedure, being capable of industrial application. The patent
provides legal protection and right to the authorised owner in order to stop others to manufacture
or sell their innovation or idea. It is also used as license to other manufacture or sell an invention
on agreed terms and conditions. They cannot be excluded form patents (Tomohara, 2019). EU
has made patents more relevant by categorizing it in specific manner. Also it is a deemed process
which does not allow third party to make use of any of original work made by an individual. EU

further gives information in relation upon those rights which protects patents in more secured
manner. Thus, administered according to the law.
Copyrights
Australia is signatory to number of conventions which deal with copyright. Under
European Union copyright means those kind of property that includes description of work
original in nature and related to literary, dramatic, musical or artistic works, sound recordings,
films, and the typographical arrangement of published editions. This law is formulated to
encourage new idea, innovation or design and protect their talent. There are some exemptions in
usage of copyright material. In this renting and lending work is included which is done only
when real owner allows. Further copyright is very important in order to secure writing work of
authors.
Trademark
The trade mark aims to protect the intellectual property of both the individuals and
businesses and is mostly used by business as a marketing tool. The trade mark protects the brand
and assures that the brand name is not used by others without permission. Thus, it prevents other
from using the brand name and these are issued as well as protected nationally. No matter which
case, A trademark includes any symbol that can be represented graphically, especially words,
including a person's name, design, letters, numbers, the shape or packaging of a commodity, as
long as these symbols meet the requirement of distinguishing the commodity or service, and
undertaking commitments of other enterprise (Nae, 2018)
Further comparing over conducting application which makes European Union attain more
advantages in order to deal upon intellectual property rights. This purpose has made European
patent office is to deal upon those kinds of factors that mainly protects patents and other
intellectual property. The European patent office has been brought after the Convention of
European Patent through granting of equivalent right as per national patent of the countries. The
European Patent Office divided within five division that is bureaus, headquarters, department,
department, and section. There are various kinds of important things which is based upon
protection of intellectual property and they are been explained as follows:
 This is one of the most important characteristics which is result of outcome of European
Patent Convention. Under this European patent can commit equal effect over national
patent upon member states. Also it has simplified various complex process that was

existing earlier. This has made Europe over maintaining it standards at international level
in relation to IPR.
 Patients in Europe is majorly dependent over dealing with uniform legal review which
makes rights to be more enhanced. Also they have made patent law in a country cover
those process and does review requirements. Under it security with applicant’s makes
efficiency with quality of European patent examination attain more flexibility within its
process. Features that has been developed over different applications related to security
over making applicants. This leads upon efficiency with quality formed through
European patent examination makes faster and cost-effectiveness formed into the process
of application which is filed in relation of patents or any other property.
 Another most important point over European patent Office is that it deals in three
languages which makes concept of diversity more justified in relation to intellectual
property rights.
 Other service which is been provided by European Patent Office deliver and also
administer unitary patent which means single patent covering the other territories of the
EU.
 The European Patent Office adopts a separate procedure for search and examination, thus
facilitating the timely processing of patent applications by applicants and forging
coordinated international patent cooperation treaties on the basis of promoting the
submission of applicants for international patent applications.
 The EPO also offers its free online services on its website such as Open Patent Services
(OPS) work as library and helps in effectively searching patent work and provides legal
information related to the published application and patents.
 European patent office makes management, review and retrieval possible. Then it
embraces good and extensive cooperative relationship with government and non-
governmental agencies related to patents. The office helps in strengthening cooperation
which are working at both central and state level (Leepuengtham, 2017).
 It has further lead over forming of advance patent information revival system which has
enhanced documentation process. This made training and development done with
research. All this has made it one of the most powerful and modern office within Europe.
Then it made regulation through extensive changes done over information products.

Legal research has made more efficient method develop upon information of various
types’ patents existing in Europe.
Extensive and detailed knowledge of the international legal concepts of the free movement of
goods
The principal of free movement of goods within the internal market of European Union
involves removing of trade barriers within the members. It has been including tariff- based
restrictions in relation to various custom duties upon both import and export. This is covered
within Treaty on functioning of European Union and is been covered within article 26, article 28
to 37. In this rights of free movement of goods is covered which is based upon buying and
selling of goods from third party through free circulation (covered under article 28). This treaty
further lead upon making customs union within member of state. In this involving of abolition
over custom duties with quantitative restriction upon trade and equivalent measures for
establishing of common external tariff for the EU. The treaty has been able to remove free
movement of goods within internal market possible. It has made patent transfer to be very easy
with relation to intellectual property rights. Under its patents and other intellectual property is
been made clear with the help of free movements of goods. Further the concept of free
movements of goods has been related with costume sand services. Also it made elimination
regarding obstacles through which rigidity existed within the process of free movement of goods
is been removed. Then under this custom duties, quantitative restrictions over trade within
equivalent measures which make establishment of common external tariff through union leaders
is been covered. Under it developing of costume duties with quantitative restriction over
members of state made harmonization over national laws is been done. These objectives made
efforts achieved regarding free goods movement. Another important Article in relation to this is
article 36 of TFEU through forming strict principles that has ease down the process of general
and non-economic consideration. Thus exception is to use general principles through
interpretation upon strict and national measures. It should constitute arbitrary discrimination
within trade practices. Finally, the measures must have a direct effect on the public interest to be
protected, and must not go beyond the necessary level (Tusevljak, 2019).
World Intellectual Property Organization
The WIPO Convention is related to World Intellectual Property Organization and has
been formed on July 14, 1967. This is related upon those rights which is defined in order to

protect the intellectual law UK (Kono and Kagami, 2017). It has become part of United National
system in the 90s. This organization is originated when convention of Industrial Property and
Berne Convention for intellectual property has been formed under this main focus is upon
patents, trademarks and copyright. Further WIPO has three crucial organs, these are the WIPO
General Assembly, WIPO conference and WIPO Coordination Committee. The major objectives
of WIPO makes promotion with protection upon intellectual property all over the world. Further
it developed proper administrative body which handles documentation work of intellectual
property rights. Main function of WIPO makes promotion of intellectual property to be done in
more organized manner. This made activities designed and process formed over protecting of
intellectual property rights all over the world. They also set standards which is based over
various factors like design, uniqueness of work and offering corporation to state.
In addition to the objectives the WIPO undertakes activities like setting up norms and
standards in order to effectively protect and enforce IP rights, programming the activities along
with the technical and legal assistance to the member states, cooperation among industry
property offices and activities related to registration and filling of patents for inventions. In the
Paris Union and Berne Union international treaty is designed through making promotion and
protection with designing of intellectual property framework for international process. This
mainly deals upon providing of assistance in every term possible. The Secretariat of the
organisation is known as International Bureau which acts as a depositary of the majority of the
agreements, administered by the WIPO. Also international bureau act as legal agency which
makes stabilization formed over agreements which is been administered by WIPO.
TRIPS Agreements
TRIPS is an acronym which refers as an agreement on Trade Related Aspects of
Intellectual Property Rights. It is an international agreement placed between all the members of
nations of the World Trade Organisation (WTO). The agreement sets minimum standards which
provides protection to its member in respect of their intellectual property. The TRIPS was
negotiated at the last round of Uruguay of the General Agreement on Tariffs and Trade, also
known as GATT. In this agreements related to intellectual property is been covered and makes
established minimum standards through regulating all kinds of transaction related to intellectual
property. Different characteristics that is been possessed by agreement has been explained as
follows:

Standards: Under this area over intellectual property is covered in TRIPS agreement
which makes standards formed through protecting each member over intellectual property. As
per this each element related over those rights which is been used for making intellectual
property more legally valid. Relation to this agreements formed through protecting standards
which are been mentioned after convention of WPIO. These conventions has made code of ethics
to be maintained in relation to various process of organization. Majorly things covered is related
to Protection of Literary and Artistic Works. Further the main articles that is been covered is
Articles 2.1 and 9.1 of the TRIPS Agreement. These are based upon conventions (Kallinikou and
Koriatopoulou, 2020).
Enforcement: This is another important characteristics which has been explained within
domestic process over remedies through enforcing by IPR. Further it lays down different
principles that is related upon different kind of domestic process that is dealing upon
administrative, civil and criminal process and also follows proper procedure. This lays down
different principles in relation over IPR enforcement process. Regarding this certain principles
has to be related upon enforcing of IPR. This makes principles related upon enforcing procedure
developed which measures special requirements through broader measures. In this protection is
done through protecting rights regarding intellect of UK.
Dispute settlement: This is one of the most important dispute which makes solving of
issues regarding TRIPS that has been taking place within an organization. This is one of most
exclusive feature which has been formed as per the act.
Principles applied by the Court of Justice
Article 345 TFEU refers to principle reflecting the neutrality of treaties in relation to the
rules governing the property ownership system of the member states. The treaty allows member
states to legitimately meet their objectives of establishing and maintaining rules in relation to the
public ownership of certain undertakings. Further once a product is protected under any
intellectual property right, suppose patent and further it is sold by its authorised owner or other
with the consent of owner, the right under patent protection is said to be exhausted. For example
if a software is invented with patented algorithm and is sold by the owner, the patent right is
exhausted. The doctrine is also called first sale doctrine. Also the reselling, rental, lending and
third party, commercial uses of product IP protected in the domestic and international market is
governed by the principle. Under it legal concept is been making exhaustion upon various

important things that has been recognized through concept over selling with foreign country
(Heinze, 2017).
This agreement is been covered regarding trade which is related to intellectual property
rights protected. Under doctrine over intellectual property limited rights upon patents regarding
copyright and trademark. The main focus is upon making disruption distribution system possible.
Under it various kinds of strict restriction has to be followed which makes sales conducted.
Under it principles is going to hold IP rights which makes sales conducted in proper manner.
Also this makes prevention of IP rights through disruption distribution system which has to be
introduced. In it strict restrictions is been followed which makes sales done in appropriate
manner. The principal deals over IP rights within countries that is essentially same at that time.
Territorial exhaustion over doctrine arguably consistence upon IP rights that is been granted
through individual nation which acts with sovereignty and also is based upon territorial
jurisdiction. In this main impact is over approaches which has been applied by removing of
barriers regarding goods which makes approach over appeal relation upon selling of goods
Opposed to the territorial principle is the historically more widely applied principle of
international exhaustion.
Competition law and Intellectual property
Competition law and intellectual property both are been able to make various kinds of
standards to be formed within intellectual property which makes both aspect covered. As per this
European Commission has been laying over different policies that is working with the help of
competition law (Gao, 2020). Both competition law and intellectual property workers for welfare
of market within UK. Intellectual property rights promotes and constitutes the dynamic
competition in the marketplace by encouraging the investors either to upgrade their innovation or
invent something new. Also helps in protecting uniqueness within product and services of the
organization with the help of patents, trademark and copyright. As competition law practices
within protecting healthy competition in market. Then bot the laws aims at creating customer
satisfaction through identifying needs. Further Article 102 of the TFEU treaty aim to prevent the
abuse of dominant position so that dominant firm does not become a barrier for entry of new
entrants or for the existing competitors. The IP law and competition law have same objectives
which is promotion the innovation and focusing on the welfare of consumers. In this pro-
competitive environment is been created which makes investment encouraged through making

development of product and services possible within market. In relation to this case law has
been given as Huawei v ZET in this case court held that reasonable demand is been made
through balancing and bargaining power which makes “SEP owners” within market of smart
phone and various tell-communication devices related over those patents.
Intellectual property rights and property law
Intellectual property rights this is related to property law in a way that different type of
invention with technology through developing it. In this patents, copyright and trademark is there
which is related to interrelate property and can be applicable under property law at the time of
transferring property through mortgage. Also property law protects property and after using this
law more concrete framework formed over protecting of property in more effective manner. This
has made infrastructure in UK to be more enhanced through creating awareness over people
possible. Also both the laws goes hand in hand which makes generation, valuation, protection
possible in more impactful manner (Easton, 2018).
CONCLUSION
From the above discussion it is clear that intellectual property rights are those rights
which is been used in order to protect intellect related to patents, copyright and trademark.
Further the file covers about intellectual property and European Union with their impact upon it.
In this free movements of good is been explained and then TRIPS agreement is covered. Then
competition law is been covered in relation over intellectual property law. Then property law has
been explained in relation to this. Then WIPO is also been covered.

REFERENCES
Books and Journals
Easton, C., 2018. Intellectual Property Law. R. Auchmuty, Great Debates in Gender and Law.
pp.149-160.
Gao, M., 2020, June. Protection of Intellectual Property Rights of AI Products in the Era of Big
Data. In International Conference on Applications and Techniques in Cyber Security
and Intelligence (pp. 265-273). Springer, Cham.
Heinze, C., 2017. Unitary intellectual property rights and private international law. In
Encyclopedia of Private International Law (pp. 1797-1809). Edward Elgar Publishing
Limited.
Kallinikou, D. and Koriatopoulou, P., 2020. Security rights in intellectual property in Greece. In
Security Rights in Intellectual Property (pp. 433-438). Springer, Cham
Kono, T. and Kagami, K., 2017. Functional Analysis of Private International Law Rules for
Security Interests in Intellectual Property. In Security Interests in Intellectual Property
(pp. 119-153). Springer, Singapore.
Leepuengtham, T., 2017. Intellectual property rights and private international law. In The
Protection of Intellectual Property Rights in Outer Space Activities. Edward Elgar
Publishing.
Nae, B.F., 2018. The Protection of Intellectual Property Rights under International Investment
Law: A Commentary on Bridgestone v Panama. RRDA. p.201
Tomohara, A., 2019. Migrant and business network effects on intellectual property trade:
Evidence from Japan. Economic Analysis and Policy, 62, pp.131-139.
Tusevljak, V., 2019. INTELLECTUAL PROPERTY PROTECTION IN SERBIA. In OPEN
INNOVATION (pp. 181-185).
Wang, W., 2020. Data analysis of intellectual property policy system based on Internet of Things.
Enterprise Information Systems, 14(9-10), pp.1475-1493.
Yu, P.K., 2018. TPP, RCEP, and the crossvergence of Asian intellectual property standards.
GOVERNING SCIENCE AND TECHNOLOGY UNDER THE INTERNATIONAL
ECONOMIC ORDER: REGULATORY DIVERGENCE AND CONVERGENCE IN
THE AGE OF MEGAREGIONALS, Peng Shin-yi, Liu Han-Wei and Lin Ching-Fu,
eds., Edward Elgar Publishing. pp.277-97.