06-10.pdf

4. General regulatory principles ➢ ➢ ➢ Principle of absoluteness = Legal effects of the intellectual property right unfold vis-à-vis everyone Numerus Clausus = Intellectual property rights exist only to the extent that and as long as exclusive rights are codified ✓ Information is generally free, o...

4. General regulatory principles ➢ ➢ ➢ Principle of absoluteness = Legal effects of the intellectual property right unfold vis-à-vis everyone Numerus Clausus = Intellectual property rights exist only to the extent that and as long as exclusive rights are codified ✓ Information is generally free, only certain expressions are protected by the protective laws = Freedom of information in the public domain Principle of territoriality = Intellectual property rights exist only for the territory of the state that has codified the protection accordingly (territoriality) 5. General regulatory aspects to consider ➢ Protected property ✓ “Outer” limitation (external conditions) ✓ “Inner” Limitation (endogenous conditions) (1) “Outer” limitation Patents are granted for any inventions, in all fields of technology, provided that they are new, involve an inventive step and are susceptible of industrial application. ((Using the Patent Act as an example) What is an external condition of a patent?) (2) “Inner” limitation is the need to satisfy an external condition followed by some exclusionary condition, which finally is the core of the patent concept. This exclusionary condition is found in Article 1(3) of the German Patent Act. ➢ Scope of protection ✓ Duration of protection (protection time) ✓ Territorial scope (geography) ✓ Principle of exhaustion (the principle of single exhaustion) ➢ Conditions for the acquisition of rights ✓ Application and entry in a register (patent) ✓ Usage (trademark) ✓ Creation ipso iure (copyright) ➢ ➢ ➢ Rightholder / Entitled person ✓ Creator of the work ✓ applicant of the right to the register Legal consequences ✓ no-fault injunctive relief ✓ claims for damages ✓ Further claims ✓ criminal penalties for willful violation Rights of use and exploitation ✓ Licensing law ✓ Contract law (applications and registrations -patents-) Part 2 Trademark Law I. Introduction ➢ ➢ “Protection of trademarks and other distinctive signs” = legal provisions dealing with the protection of designations/signs used to identify natural or legal persons, companies or business establishments, but also goods or services Examples: II. Overview 大纲 1. Chart: Distinctive signs 2. General Information 3. Legal Sources 4. Different types of trademarks and their functions 5. Formal Requirements 6. Preconditions, scope and restrictions of the protection of trade marks 7. Existence and cancellation 8. Scope of protection 9. Transfer, Exploitation, licenses 10. The Union trademark 7 1. Chart: Distinctive signs （the table serve as an index） The sign is used commercially to identify… Type of distinctive sign Substantive protection requirements … products & services Trademark, Sec 3 TMA - ➢ ➢ Procedure for registered trademarks No procedure for use mark, but public recognition required … companies or parts thereof - ➢ Commercial Designation, Sec 5 (2) TMA Company signs, Sec 5 (2) TMA ➢ ➢ ➢ No procedure Start of use Public recognition in the absence of distinctive character Commercial Designation, Sec 5 (1) TMA Titles of works, Sec 5 (3) TMA ➢ ➢ No procedure = just start of use Public recognition in the absence of distinctive character Names, indications or signs protected as indications of geographical origin, Sec 126 TMA ➢ ➢ No procedure Eventual registration with the EC for agricultural products and foodstuff Certification marks, Sec 106a TMA ➢ ➢ Procedure for registered trademarks Designation as such at registration ➢ … works ➢ ➢ … geographical origin and designation of origin of goods or services … of goods or services for product and quality characteristics (quality marks) 8 2. General Information 2.1 Why do we need trademark protection? (reasons for trademark protection) 1) Distinguish products & provide proof of origin 【subtitle】”So if you want to go to a supermarket, then you probably look for certain product because they have go to and what is essential lyrics that they have certain name.” Mainly differentiated roles 2) Orientation in the market 3) Brands serve as a means of transporting information and emotions 4) Communication of companies with consumers on the market 5) Brands are more suitable subjects for marketing 6) Brands can have a considerable value in their own right (independent of the value of the company or enterprise) → in particular due to investments in product quality and advertising 9 2.2 What functions does trademark protection serve? (what are the functions of trademark protection) 1) Reference to the corporate origin of the good/service 【subtitle】 So first of all, of course, the reference that will be corporate region or be good for service. And we just need that because the public gets guarantee that the good for services Mark with it have been manufactured or provided. It's just transparency purposes. 【translate】That is the kind of reference we need, because the public can be assured that the service product with the mark is produced or provided. This is just for the sake of transparency. 2) Labeling differentiate something 【subtitle】The trademark serves to distinguish products from other products or from other server after the same company or from different companies. That's also quite important. 【translate】A trademark serves to distinguish a product from other products or other servers of the same or different companies. This is also quite important. 3) 4) 5) Quality, Guarantee, Trust Communication & Advertisement Investment protection The investment actually because some brands just have a great value. 3. Legal Sources 1) German Trademark Act 2) German Ordinance for the implementation of the Trademark Act 3) EU Directive on Trade Marks 4) Regulation on the European Union trade mark 10