This work, perhaps for the first time, provides a description of the great variety of proposals at EEC level for the reform and harmonisation of intellectual property law. It addresses patents, copyright and neighbouring rights, trade marks, biotechnology, semiconductor chips, topography right, industrial designs and plant breeders' rights. Save as required for the purpose of shedding light on the EEC proposals, it does not attempt to examine member states' national laws. In the case of industrial designs, where no harmonisation has yet been proposed, a very brief survey of national jurisdictions is presented. There is a useful appendix of documents, a bibliography and index. This practical handbook will prove invaluable to practitioners, both in the IP field and non-specialists, seeking up-to-date information on European developments, including solicitors, barristers, patent agents and trade mark agents in private practice, commerce and industry throughout the EEC and in Member States' major trading partners.
| Preface | |
| Intellectual Property and 1992 | p. 1 |
| How it all Began | p. 1 |
| Applying the Treaty to Intellectual Property | p. 5 |
| Patents | p. 16 |
| Introduction | p. 16 |
| A Harmonised Patent System | p. 17 |
| The European Patent Convention | p. 19 |
| Community Patent Convention | p. 36 |
| Draft Directive on Biotechnology Patents | p. 42 |
| Extension of Patent Term for Pharmaceutical Inventions | p. 44 |
| Plant Variety Rights | p. 45 |
| Trade Marks and 1992 | p. 46 |
| Introduction | p. 46 |
| The Madrid Agreement | p. 47 |
| The Directive | p. 54 |
| EC Trade Marks Regulation | p. 75 |
| Conclusion | p. 79 |
| Copyright and Neighbouring Rights | p. 80 |
| Introduction | p. 80 |
| "Copyright and the Challenge of Technology" | p. 81 |
| Computer Software | p. 82 |
| Databases | p. 88 |
| The Berne and Rome Conventions | p. 92 |
| Term of Protection | p. 95 |
| Piracy | p. 96 |
| Home Copying | p. 100 |
| Rental Right | p. 101 |
| Broadcasting and Cable Retransmission | p. 103 |
| Further Initiatives | p. 107 |
| Designs | p. 108 |
| Introduction | p. 108 |
| The Legal Protection of Designs | p. 109 |
| Design Protection in the Member States | p. 111 |
| The Directive | p. 128 |
| The Next Step | p. 130 |
| Chips | p. 131 |
| Introduction | p. 131 |
| US Law | p. 131 |
| The Directive | p. 132 |
| Appendix 1 - Convention for the European Patent for the Common Market (OJ 1989 No L 401/10) | p. 137 |
| Appendix 2 - Protocol on the Settlement of Litigation Concerning the Infringement and Validity of Community Patents (OJ 1989 No L 401/34) | p. 155 |
| Appendix 3 - Proposal for a Council Directive on the Legal Protection of Biotechnological Inventions (OJ 1989 No C 10/3) | p. 166 |
| Appendix 4 - First Council Directive of 21 December 1988 to Approximate the Laws of Member States Relating to Trade Marks (OJ 1989 No L 40/1) | p. 172 |
| Appendix 5 - Amended Proposal for a Council Regulation on the Community Trade Mark (OJ 1984 No C230/1) | p. 179 |
| Appendix 6 - Council Directive of 14 May 1991 on the Legal Protection of Computer Programs (OJ 1991 No L 122/42) | p. 234 |
| Appendix 7 - Proposal for a Council Directive Harmonizing the Term of Protection of Copyright and Certain Related Rights (OJ 1992 No C 92/6) | p. 239 |
| Appendix 8 - Proposal for a Council Directive on the Legal Protection of Databases (OJ 1992 No C 156/4) | p. 243 |
| Appendix 9 - Council Resolution of 14 May 1992 on Increased Protection for Copyright and Neighbouring Rights (OJ 1992 No C 138/1) | p. 250 |
| Appendix 10 - Council Directive of 16 December 1986 on the Legal Protection of Topographies of Semiconductor Products (OJ 1987 No L 24/36) | p. 251 |
| Appendix 11 - List of Contracting States to the Patent Co-operation Treaty | p. 256 |
| Appendix 12 - List of Members of the Hague Agreement 1990 | p. 257 |
| Appendix 13 - List of Members of the Madrid Agreement | p. 258 |
| Appendix 14 - List of Signatories to the Protocol to the Madrid Agreement | p. 260 |
| Index | p. 261 |
| Table of Contents provided by Blackwell. All Rights Reserved. |
ISBN: 9781853335754
ISBN-10: 1853335754
Series: European Business Law & Practice S.
Audience:
Professional
Format:
Hardcover
Language:
English
Number Of Pages: 276
Published: February 1993
Publisher: Kluwer Law International
Dimensions (cm): 23.4 x 15.6
x 1.7
Weight (kg): 0.565