International Intellectual Property Law

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