International Intellectual Property Law

International Intellectual
Property Law

Table of Contents
INTRODUCTION ..........................................................................................................................4
TASK ..............................................................................................................................................4
Intellectual property................................................................................................................4
European Union and Intellectual property law.......................................................................5
Procedure adopted by Patent office .......................................................................................7
World Intellectual Property Organization .............................................................................7
TRIPS Agreements.................................................................................................................8
Competition law and Intellectual property ............................................................................9
Intellectual property rights and property law ......................................................................10
Limitations and exceptions to copyright..............................................................................11
Nokia V HTC.......................................................................................................................12
Deutsche Grammophon v. Metro.........................................................................................13
Treaty on the Functioning of the European Union...............................................................13
Free Movement of Goods and the Internal Market..............................................................14
Principles applied by the Court of Justice............................................................................14
CONCLUSION..............................................................................................................................15
REFRENCES ................................................................................................................................16

INTRODUCTION
Intellectual property (IP) refer to the ownership of an individual’s own creation,
idea, innovation or design. These are considered as property and its gives an individual
exclusive rights in respect of its creation which cannot be used or misused by other
without the owner’s permission. In order to protect these property from being used or
misused Intellectual Property Law is formulated. The law not only protect but enforces
rights on owners towards their intellectual property. Further the law encourages to
protect the innovation or design and the business with original creation in order to attain
competitive advantage in the marketplace. The intellectual property law covers several
areas including copyright, patents, trademarks and trade secrets. The scope of these
laws are wider as they protect basic rights of individual in relation to intellect of a
person. The report examines the success of European Court in balancing with the treaty
obligations. Also the Intellectual Property law accompanied by TRIPS and WIPO.
TASK
Intellectual property
Intellectual property rights is related to protection of intangible asset which is in
relation to doing business which is related over patents, trade mark, design and secret
process. It makes competitive advantage attained within market. Australia has become
part of various international agreement in relation to protect Intellectual Property within
various countries. Intellectual property is been administered through United Kingdom
Government Agency in relation to rights and legislation related over various kinds of
intellectual property rights. These law consists of procedure and types of intellect which
has been explained as follows:

Patent protection
The patent provides legal protection and right to stop others to manufacture or
sell an invention. It usage can be as license to other manufacture or sell an invention on
agreed terms and conditions. These are administered according to the IP law in the
courts. ( Nard, and et. al,. 2017)
Trade mark protection
The trade mark aims to protect the intellectual property of both individuals and
businesses. These are generally used by the business as a marketing tool. The trade
mark 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.
Copyright protection
Australia has signed number of convections that aims to deal with copyright. This
law is formulated to encourage new idea, innovation or design and protect their talent.
There are some exemptions in usage of copyright material.
European Union and Intellectual property law
European Union has standardisation level in respect of intellectual property. They
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). Europe Union has been regulating wide range of law which
includes different legislation for both primary and secondary standards legislation and
cases. This means that regulating by an individual national member is not covered
under European Union law. Also there are various treaties that has been signed by
member of EU. Members of EU has been given right to transfer or implement EU law.