Laws

Berne Convention for the protection of literary and artistic works.

Coverage: Author’s rights/works

Adopted: 1886 in Berne, Switzerland

Purpose: Provided for the recognition of copyrighted works from foreign nations so that works produced in one nation could not be freely copied abroad.

Current signatories: 157 countries

The Berne Convention requires its signatories to recognise the copyright of works of authors from other signatory countries (known as members of the Berne Union) in the same way it recognises the copyright of its own nationals, which means that, for instance, French copyright law applies to anything published or performed in France, regardless of where it was originally created.

Rome convention

Coverage: Entrepreneurial rights/works

TRIPS Agreement вЂ" Trade-related aspects of intellectual property rights

Adopted: part of the Uruguay Round package (1986-1994) and the agreement to establish the World Trade Organisation (1995).

Origin:

- Intellectual property became economically important as an export product.

- Counterfeiting was growing

WTO members: 148

The TRIPS agreement introduced intellectual property law into the international trading system for the first time, and remains the most comprehensive international agreement on intellectual property to date

European community

EC Aims:

Harmonization of national laws

Creation of a unified market

Elimination of all unjustifiable barriers to free trade

Achievement:

Copyright law: most resistant to harmonization

Trademark law: greatest degree of progress (community mark)

Free movement of goods: There should be no internal restrictions to trade within the Union.

Common custom tariffs are imposed on products coming into the free trade area from third countries.

1891 Madrid Agreement

(UK is not a party). (56 parties)

It is possible to register a trade mark at a national level and then apply to have the mark recognized by WIPO in Geneva as an international registration.

The Madrid system provides a mechanism whereby a trademark owner who has an existing trademark application or registration (known as the 'basic application' or 'basic registration') in a member jurisdiction may obtain an �international registration’ for their trademark from the World Intellectual Property Organization. (WIPO)

Must have trademark registered in country of origin

Terms lasts 20 years renewable

Problem of central attack: if a mark is declared invalid or otherwise lost in country of origin within 5 years then all national registrations are lost.

1989 Madrid Protocol

(UK is a member) (31 parties).

Alternative mechanism to the Madrid Agreement.

Must have trademark registered in country of origin

Term lasts 10 years renewable

Problem of central attack resolved: if a mark is declared invalid or otherwise lost in country of origin, then can reregister in national countries and regions with effective date of registration the same as original registration under the protocol.

EU Trademark Directive

Harmonized: