Exploring International Intellectual Property Law and its Impact

This report provides a comprehensive overview of international intellectual property law, focusing on the protection of intangible assets such as patents, trademarks, designs, and trade secrets. It examines the role of the European Union in standardizing intellectual property rights, highlighting the functions of the European Patent Office and the impact of international agreements like the Berne Convention. The report also delves into the TRIPS Agreement, outlining its standards, enforcement mechanisms, and dispute settlement processes. Furthermore, it explores the interplay between competition law and intellectual property, discussing landmark cases like Huawei v ZET. The relationship between intellectual property rights and property law is analyzed, emphasizing the protection of unique cultural, business, and philosophical creations. The report also touches upon limitations and exceptions to copyright, referencing cases like Nokia v HTC and Deutsche Grammophon v. Metro, and concludes with a discussion of the Treaty on the Functioning of the European Union and the principles applied by the Court of Justice in relation to the free movement of goods within the internal market.

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.

The European Patent Office is in charge of providing patent protection for an innovation
(Perepechko and Kulagina, 2018). It is an organ of the European Patent Organisation
and has its own legal personality. The European headquarters are located in Munich,
Germany. Further has its branches and sub offices. This has helped European patent
office in segregating work at both national and international level. There are certain
services which is been given by European Patent Office that has been explained as
follows:
 European Patent Convention has allowed European patent office to protect
design and uniqueness of patents within UK.
 This made complex process of submitting patent to be ease down which made
patent application process attain transparency within it.
 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.
 Also services within European Patent Office is been provided in three languages
that is English, French and German which has made versatility in filing the patent
applications in any languages.
 At the time of improving strength of management review and retrieval is done
which makes cooperative activities be more organized in relation to intellectual
property rights.
 Also government agencies used management for keeping its work organized.
This makes handling of work to be done in more organized manner. All

government activities related to intellectual property is been handled with the
help of State Intellectual Property Office within states.
 Also these services is been proven to be most powerful part of EPO which has
helped in performing documentation work in more effective manner.
 These services makes factors improvisation possible regarding advancement of
patents right in more efficient manner.
 The EPO also offers its online services on its website such as Open Patent
Services (OPS) for searching patent work and provides legal information related
to the published application and patents.
 Services like legal research and examination has made training and development
possible by providing proper assistance upon Intellectual property rights. Also it
has improved various complex procedures by making innovation possible.
The Berne Convention is an international agreement which governs and protects the
work of the authors. It contains provisions as well as special provisions determining the
protection which need to be granted. The Berne Convention is one of the most
significant treaties which is administered by World Intellectual Property Organisation
(WIPO) (Prud'homme and Zhang, 2019).
Procedure adopted by Patent office
Various procedures has been adopted by Patent office in order to make sure that
intellectual property rights is been maintained. Such procedure has been explained as
follows:

Opposition procedure: This procedure is been governed by EPC which allows third
party to file case against European patents within 9 months form the date infringement
has occurred.
Quasi-judicial process: In this process subject of appeal which helps in maintenance
and also allows revocation of European patent through litigating in matters related over
dispute in relation to patent violation. It is been done mainly for avoiding parallel
proceedings within patent issue.
Limitation and revocation process: The process allows to provide ex parte within
administrative procedure that makes revocation done. Also there has been amendment
within Articles 105a, 105b and 105c of EPC which has made legal procedure strong
related top limitation and revocation.
World Intellectual Property Organization
The WIPO Convention is related to World Intellectual Property Organization and
has been formed on July 14, 1967. This was brought into force on 1970 and again
amended in year 1979. It became part of specialized agency of United Nations system
of organizations in 1974. Origin of WIPO started from 1883 and 1886 when party’s
convention for protection of Industrial Property and Berne Convention for intellectual
property like Literary and Artistic Works. Both convention lead towards formation of
"International Bureau". Then it was replaced by World Intellectual Property Organization
through Convention. The main purpose of WIPO is to encourage the protection of
intellectual property worldwide and to ensure administrative cooperation among the
intellectual property Unions established by the treaties that WIPO administers. Main
functions of WIPO is to promote development of activities designed for improving

protection related to intellectual property all over the world with implementing of national
legislation.
The WIPO has three crucial organs, the WIPO General Assembly, WIPO
conference and WIPO Coordination Committee. 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 this international
Bureau is been formed under WIPO which is headed by WIPO Secretaries. Draft is
been formed in relation to budgets and programs which is based upon activities of
WIPO. 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 (Rao and
Srirekha, 2018).
TRIPS Agreements
TRIPS is an agreement on Trade Related Aspects of Intellectual Property Rights.
It is an international agreement which is in 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. There are three main features of the agreement which is
as follows:
Standards: In relation to each of the area of intellectual property covers under
TRIPS agreement is related to setting out standards which is there for protecting each

member in relation to intellectual property. Each element is involved within it has been
defined in relation of rights and minimum duration. Further agreements has mainly
formed over standards which is required for making convention of WIPO to protect
Industrial property which was decided in (Paris Convention) and the Berne Convention
for the Protection of Literary and Artistic Works (Berne Convention) in their most recent
versions, must be complied with. The relevant articles that has been marked out is
Articles 2.1 and 9.1 of the TRIPS Agreement. This is related with both convention.
Enforcement: This is second feature that is been hold by TRIPS and is related
to domestic process with remedies which has to be enforced by IPR. It has been laying
down various principals which is related over IPR enforcement procedures. In relation to
this various measures in relation civil, administrative, criminal procedure. Also deals
with provisional measures, special requirements related to border measures. These are
been done to protect rights in relation to intellect in UK.
Dispute settlement: The agreement makes dispute to be solved which has
accrued in relation to TRIPS and obligation upon subject matter in relation to TRIPS.
This is one of the most distinct feature of the act (Sell2020).
Competition law and Intellectual property
Competition law and intellectual property has raised new standards in relation to
intellectual property by covering every aspect within it. European Commission has laid
down various new policies which has uplifted the collaboration of competition law and
intellectual property. The commission has been involved in forming rules and regulation
in relation competitive edge within UK. It makes procedural guidance and economic rule
in relation to competition practices within UK. Both laws impacts economy of the
country like UK and has same objective of portioning innovation with welfare of

customer. Also IPR promotes dynamic competition which encourage investment done
towards developing of product and services within market. That is why it is considered
to be pro-competitive. In the case of Huawei v ZET judgement has made reasonable
demand to be attained which makes balancing of bargaining powers that is related to
“SEP owners” and makers of smart phones and other tell-communications devices
relying upon these patents (Singhai, 2019).
Intellectual property rights and property law
Intellectual property rights are those kind of right that has been issued in order to
protect various kinds of new invention and technology that has been developed. In this
patents, copyright and trademark is been covered. These laws has been made in
protection which is formed in relation to culture, business and philosophy. Property law
are the laws that is related over protecting property and transfers related to it.
Intellectual Property law protects those kind of work which is unique in nature of its
achievements. These laws has faced various challenges within its development in
relation to innovation. In UK there is strong infrastructure which has been creating
awareness among persons possible. There has been various issues that has been
arising for the usage of such laws that is generation, valuation, protection and
exploitation of intellectual property have become critically important all around the world.
Intellectual property shares various characteristics which is associated with real
and personal property. In this license, exchange or selling is been covered and in this
main focus id upon protecting of rights of property. Intellectual property owner covers
those rights which makes reauthorization of products possible only when real owner has
given permission. In Morden world competitive business environment is been created
which makes key elements enhanced through making effective acquisition,

management, and protection of intellectual property can mean the difference between
commercial success and failure for businesses.
Limitations and exceptions to copyright
There are provisions within local copyright law which has been formed in relation
to Berbe Convention which made copyright work used without license from the owner.
This means that permission should be taken from owner. Various kinds of limitation that
is been related to copyright that has been explained as follows:
Changing technology
Scope of copyright limitation is related to exceptions which has become subject
of discussion in society and political debate. In this different nations understood the
impact of it over digital technology, the changes in national copyright legislations for
compliance with TRIPS. Also this makes various kinds of rules formed in relation to
WIPO and made Copyright treaty formed. In this European's People Party is been
concluded while making international instruments making protection of copyright. This
makes investors and instruments protected to copyright which makes public access
upon information, respect and privacy. Defenders of copyright exceptions fear that
technology, contract law undermining copyright law and copyright law not being
amended, is reducing the scope of important exceptions and therefore harming
creativity.
Competition law / antitrust law
Copyrights is typically limited towards legal sanction and monopoly. In this
copyright licensing is been interfere and competitive market is been attained. Such
concern is been compared with the help of doctrine. These are been followed in relation
to anti-trust laws and anti-monopoly law. Various kinds of issues is been covered which

makes leverage of market power and price discrimination to be stopped. In this various
attempt has been made by allowing leverages related to various aspects related to
copyright law. 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. Examples related to this are for example, by
collecting royalties for use of the work after its copyright term has expired and it has
passed into the public domain and raise such competition concerns.
International legal instruments
Limitation that is related over exceptions with subject in relation to significant
regulation that is related to global treaties. Such treaties have been harmonizing various
rights that has been proved under copy right law and various steps is taken which
makes exceptions and limitations covered within it.
Nokia V HTC
In the case Nokia and HTC makes smartphone infringement over nine of Nokia's
patents in this limited exclusion has been order over banning and important sale has
been infringe over products. In this it is denied by HTC that alleged infringement has
been done. Further Google entered and said that infringed has been done over any
Nokia patents upon software installation and HTC should be accused over products.
Then HTC has denied over making infringement of any kind. Also in this case various
twist and turn accrued over proving of such infringement further the court has passed
injunction order which made HTC liable to pay compensation in the form of damages
occurred to Nokia in relation to infringement.

Deutsche Grammophon v. Metro
The case was based on the rules for the free movement of goods and focused on
Article 30 and 36. In this case court stated that prohibition and restriction over free
movement of product has been justified in relation to purpose of protecting industrial
and commercial property. In the case Article 36 of TFEU applies states that in order to
preserve the commercial and industrial property some derogations are required for free
movement of goods. Further exercise over rights in relation to free movement of goods
has been provided within the application, else the mere exercise of right will prohibit all
restriction and measures which are having equivalent effect according to article 34.
Treaty on the Functioning of the European Union (TFEU)
The treaty has been brought into force on 1st December 2009 and is upgraded
version of Treaty of Lisbon that is related over Treaty on European Union which has
established the European Community. This has been formed and later on renamed as
TEC. TFEU involves in making enhancement in relation to social dimension that is
related to European Union. The treaty is consolidated into seven parts which includes
principles, non- discrimination on the basis of nationality along with the limitation, union
policies, internal actions which provides free movement of goods, institutional &
financial provisions, external action and final provisions including immunities.
Free Movement of Goods and the Internal Market
The right of free movement of goods that has been originated in member state
and goods within the countries and circulation in Member State related to fundamental
principles of treaty this has been defined under article 28 (Suvarnapathaki 2021). Free
movements of goods has been related over parts of customs within member state. In

this custom duties, quantitative restrictions over trade within equivalent measures which
make establishment of common external tariff through union leaders. It has been
focused upon making eliminating in relation to obstacles which allow free movement of
goods through internal market. The elimination over developing of costume duties and
quantitative restrictions within Member States. Further prohibition of measure have
equivalent affect and harmonization in relation to national laws. Such objectives become
efforts achieved in relation to free movements of goods. Article 36 of TFEU has
allowed Member states in taking measure that makes impact over quantitative
restrictions which has been justified through general, non-economic consideration.
These exceptions upon general principles makes interpretation done in strict manner
and national measure 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.
Principles applied by the Court of Justice
Article 345 TFEU refers to principle of neutralising the treaties in relation to the
rules governing the property ownership system of the member states. It allows member
states to legitimately meet their objectives of establishing and maintaining rules in
relation to the public ownership of certain undertakings. The concept of execution deals
over principles which helps in developing of decision of court over particular are like
copyright. In this once goods has been released within market the right of ownership
becomes consent till the time ownership is not been transferred to another person
selling it.

Exhaustion of Intellectual property rights
Exhaustion of Intellectual property rights constitutes one of the limits of the
intellectual property rights. In simple worlds, once a product is protected under any
intellectual property right and further is sold by its authorised owner or other with the
consent of owner, the right is said to be exhausted. The doctrine is also called first sale
doctrine. The reselling, rental, lending and third party, commercial uses of product IP
protected in the domestic and international market is governed by the principle. For
example if a software is invented with patented algorithm and redistributed by the
owner, the patent is exhausted. (Wolf and Scholz 2017) .
CONCLUSION
From the above discussion it can be concluded that intellectual property rights
are those rights which has been protecting selling of good and services in market.
These laws help in protecting uniqueness of a product or invention that has been made
within country protected. Further the report covers about intellectual property basics and
patents, trademark and copyright. Then TRIPS has been explained with WIPO. Then
case laws has been in relation to TFEU. In the end exhaustion is been covered.

REFRENCES
Books and Journals
Bakhoum, and et. al,. 2018. Personal data in competition, consumer protection and intellectual
property law. Berlin: Springer.
Carroll, M.W., 2019. Tailoring intellectual property rights to reduce uniformity cost. In Research
Handbook on the Economics of Intellectual Property Law. Edward Elgar Publishing.
Christie, A., 2020. Blackstone's statutes on intellectual property. Oxford University Press.
Deacon, and et. al,. 2019. Intangible heritage safeguarding and intellectual property protection in
the context of implementing the UNESCO ICH Convention. Safeguarding intangible
heritages: Practices and politics, pp.36-53.
Holbrook, T.R., 2020. Is There a New Extraterritoriality in Intellectual Property?. Columbia
Journal of Law & the Arts, Forthcoming.
Jin, T. and Chen, M., 2019. Cultural barriers to intellectual property ethics: A theoretical
model. Proceedings of the Association for Information Science and Technology, 56(1),
pp.491-494.
Kieninger, E.M., 2020. Security Rights in Intellectual Property: General Report. In Security
Rights in Intellectual Property (pp. 1-45). Springer, Cham.
Kur, A., Dreier, T. and Luginbuehl, S., 2019. European intellectual property law: text, cases and
materials. Edward Elgar Publishing.
Naghavi, A. and Prarolo, G., 2018. Harmonisation and globalisation of intellectual property
culture. The World Economy, 41(7), pp.1847-1866.
Nard, and et. al,. 2017. The law of intellectual property. Wolters Kluwer Law & Business.
Perepechko, O. and Kulagina, N.Y., 2018. Valuation of intellectual property objects as a primary
way to ensure security of a company. Russian Journal of Management, 6(2), pp.11-15.
Prud'homme, D. and Zhang, T., 2019. China’s intellectual property regime for innovation.
Springer International Publishing.
Rao, Y.V. and Srirekha, G., 2018. Intellectual property rights in business
organizations. International Journal of Engineering and Management Research
(IJEMR), 8(1), pp.118-124.
Sell, S.K., 2020. Intellectual Property Rights in China. By Zhenqing Zhang. Philadelphia:
University of Pennsylvania Press, 2019. 312p. $69.95 cloth. Perspectives on
Politics, 18(3), pp.972-973.
Singhai, S., 2019. A report on WIPO-CNIPA training course on management and
commercialization of intellectual property assets. World Patent Information, 57, pp.35-
37.
Suvarnapathaki, et. al,. 2021. Regulatory Affairs and Intellectual Property Rights in
Immunotherapeutics. In Immunotherapy–A Novel Facet of Modern Therapeutics (pp.
215-246). Springer, Singapore.
Wolf, K.D. and Scholz, S., 2017. Health before patents: challenging the primacy of intellectual
property rights. In Resistance and Change in World Politics (pp. 45-78). Palgrave
Macmillan, Cham.
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