Copyright and related rights in the Digital Single Market Directive (EU) 2019/790 on copyright in the Digital Single Market WHAT IS THE AIM OF THE DIRECTIVE? The directive has 3 main objectives: to adapt certain key exceptions to copyright to the digital and the cross-border environment; to improve licensing practices and ensure wider access to content; and to achieve a well-functioning marketplace for copyright. Key […]
Enforcement An EU directive provides for harmonization of the enforcement of intellectual property rights. The purpose is to create a level playing field in relation to such rights. The directive applies to any infringement of intellectual property rights as provided for under EU or national law. It does not affect the substantive intellectual property rights. It has limited application to copyright. States must set up […]
Traditional Specialty Guaranteed Agricultural products intended for human consumption or foodstuff with a traditional composition produced in accordance with traditional production methods may become a Traditional Specialty Guaranteed. The designation as a TSH boosts farmers income and is seen as positive in maintaining rural areas. The TSGs are recognized at the community level and entered in a register kept by the commission. There are two […]
Semi-Conductors The directive on the legal protection of semiconductor products requires member states to adopt legislation to protect them insofar as they are the result of the creator’s intellectual effort and not commonplace in the industry. The protection is granted to the person who created the topography subject to them being a person who is a national or resident in an EU state. Companies and […]
Protecting Undisclosed Trade Secrets An EU directive protects undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure Acquiring a trade secret is considered lawful if it is obtained by: independent discovery or creation; observation, study, disassembly or testing of a product or object that has been made available to the public or that is lawfully in the possession of the […]
Enhancements EU legislation has provided for various enhancements and harmonization of the rights of various copyright holders. Directive includes extensions in relation legal protection of computer programs. resale rights rental and lending rights relating to copyright in the field of intellectual property. computer programme protection copyright and related rights applicable to broadcast programs by satellite and cable. the term of protection of copyright. legal protection […]
European Trademark The European Community Trademark allows for a single unitary trademark enforceable directly throughout the EU. It is necessary to register the trademark. It may consist of signs capable of being represented graphically, including names, designs, letters, numerals, and the shape of goods or packaging. The signs must be capable of distinguishing the goods and services of one business from that of another. The […]
EU Legislation The European Union has been active in harmonizing intellectual property rights. It has provided for a Community Trademark and European Patent in tandem with national intellectual property rules. It has also provided for minimum protections in respect of certain aspects of intellectual property. It has also been at the forefront of extending intellectual property protection into information technology and biotechnological areas. The European […]