I Copyright a) What is the principal purpose of copyright laws? o2e18eu
(Include in your answer a description of the types of works that are protected
and an example of the duration of such protection).
The principal purpose of copyright laws is the protection work of the human
intellect, the domain - protection of literary and artistic works. Copyright
laws doesn’t protected ideas, but the final product of the human intellect.
The national legislation on protection of the copyrights of the majority of
the countries provides protection of the following kinds of products:
· literary products (the stories, novels, poem …);
· pieces of music (music, songs operas, operetta, …);
· product of fine art (graphic works and product of architecture, sculpture,
particularly picture …);
· product with scientific or technical content (plans, drawings, maps
· cinematographic, photographic and other visual or audio-visual works;
· computer program .
The minimal period of validity of the copyright under the Bern Convention is
50 years from the end of year of the author’s death. In the European Union
and for European countries, the term is now 70 years from the end of year in
which the author died, and the same period has been written into the US legislation
/ so that it consists 70 years. There is thus a definite tendency to prolong
protection from 50 to 70 years. In the Republic of Moldova the term is 50 years
from the end of year in which the author died. b) Describe three types of rights that a copyright holder may have.
There are two aspects of types of rights that a copyright holder may have.
The first: Copyright holder may have three types of rights:
· the right of reproduction (involves the classic and modern methods.
For example: authorize photocopies, printed copies, tape recording and copying
of the tape recordings…);
· the right of performance (is considered communication of the work to
· the right of adaptation and translation (adaptation is generally understood
as a modification of a work to create another work, for example adapting a novel
to make a motion picture; translation means the expression of a work in a language
other than that of the original version).
The second: Copyright holder may have three types of rights:
· exclusive rights (use the work as he wishes, prevent others from using
it without his authorization);
· economic rights (economic rights of the type can be transferred or
assigned to other owners usually for a sum of money or royalties depending on
the proposed usage of the work);
· moral rights (moral rights can never be transferred, they always remain
with the original author of the work). c) What is the name of the oldest international convention concerning copyright?
The oldest international convention concerning copyright is Berne Convention
for the Protection of Literary and Artistic works from September 9, 1886, completed
at Paris on May 4, 1896, revised at Berlin on November 13, 1908, completed at
Berne on March 20, 1914, revises at Rome on June 2, 1928, at Brussels on June
26, 1948, at Stockholm on July 14, 1967, and at Paris on July 24, 1971, and
amended on September 28, 1979.
In the contents of the Convention allocate rule about a minimum level of protection,
three basic principles (principle of independence of protection, principle of
a national regime, principle of automatic protection), and special rules about
the developing countries.
II Related Rights a) Describe the three categories of beneficiaries for related rights and give
the duration of their rights as given by the Rome Convention and the TRIPs agreement.
There are three categories of beneficiaries for related rights:
· the rights of performers;
· the rights of recordings;
· the rights of broadcasting.
The rights of performers are recognized because their creative intervention
is necessary to give life and because they gave a justifiable interest in legal
protection of their individual interpretations.
The rights of recordings are recognized because their creative, financial and
organisational resources are necessary to make recorded sound available to the
public in the form of commercial phonograms.
The rights of broadcasting organizations are recognized because their role in
making works available to the public, and in light of their justified interest
in controlling the transmission and retransmission of their broadcasts.
The duration of protection of related rights under the Rome Conventions is 20
years from the end of the calendar year in which: the performance took place,
when performances not included in phonograms; the fixation (recording) is made,
in the case of phonograms and performances included in phonograms; the broadcast
In the mire recent TRIPs Agreement, the rights of performers and producers of
phonograms are to be protected for 50 years from the date of the fixation or
the performance, and the rights of broadcasting organizations for 20 years from
the date of the broadcast.
III Trademarks and Geographical Indications a) What are the differences between a trademark and a geographical indication?
A trademark is a sign that an individual trader or company uses to distinguish
its own goods or services from the goods or services of competitors. A geographical
indication is an expression with a “place-goods”. Geographical indication
of the goods is understood as a designation, directly or indirectly indicating
on a place of the valid origin or manufacturing of the goods. If a trademark
is registered by a single holder he is the one who has exclusive rights for
its usage but geographical indication must be available for usage by all the
producers in that region.
b) Describe the two main requirements of a Trademark in order to register it
under the terms of the Madrid Agreement and explain the process for registration
of a trademark and why registration is advantageous.
There are basically two main characteristics features for a trade mark:
· it must be distinctive (to distinguish the goods and services of one
the physical or legal persons from the homogeneous goods and services of other
physical or legal persons );
· it should not be deceptive, liable to mislead, or if it breaks the
public order or morels.
Before the international registration the trademark should be registered at
a national level. The international registration give the possibility to register
the trademark in the countries where was acceded Madrid Agreement. Every application
for international registration must be presented on the form. The applicant
must indicate the goods or services in respect of which protection of the mark
is claimed and also, if possible, the corresponding class or classes according
to the classification established by the Nice Agreement Concerning the International
Classification of Goods and Services for the Registration of Marks. The international
Bureau shall register immediately the marks. The registration shall bear the
date of the application for international registration in the country of origin,
provided that the application has been received by the International Bureau
within a period of two months from that date. If the application has not been
received within that period, the International Bureau shall record it as at
the date on which it received the said application. The International Bureau
shall notify such registration without delay to the countries that have been
designated, which with then have the possibility of refusing protection. They
would normally examine it as though it were an application filed with them direct
and apply their normal national criteria accordingly. However, protection may
not be refused, even partially, by reason only that national legislation would
not permit registration except in a limited number of classes or for a limited
number of goods or services. Registered marks shall be published in a periodical
journal issues by the International Bureau, on the basis of the particulars
contained in the application for registration. So we can see that such an easy
system of trademarks registration may lead to the reduction of money expenses
and it can save time for the registration of trademarks in different countries. c) What are the main methods mentioned that a company might use to protect its
investment in a trademark?
The most common way of protecting a trademark is to have it registered in the
Trademark Register in all of the countries (it has been registered) that you
would wish to use it in. Though registration is not the only way of protecting
a trademark: can be protected after long use and a good reputation. It is possible
to require the protection conferred by the laws on unfair competition d) Explain how a geographical indication may be protected internationally.
A geografical indication may be registrated internationaly on the base of the
Lisbon Agreement for the Protection of Appellations of Origin and their International
Registration of October 31, 1958. As long as the appellation of origin is protected
in the home country, all other Lisbon countries are obligates to protect it,
but such protection can always be challenged in a court. The protected national
appellation of origin is deposited at WIPO in Geneva and extended to all Lisbon
There are several multinational treaties currently addressing, in one respect
or another geographical indication:
· Paris Convention for the Protection of industrial Property of march
20, 1883, which says that geographical indications must be protected against
any unauthorised use that is misleading ;
· Madrid Arrangement Concerning the Prevention of False or Misleading
Indications of Source of 1891, which last time was reconsidered in 1967. A strength
is its provision for mandatory seizure of any product bearing a false designation
of source imported into any of the contracting states.
· WTO TRIP’s Agreement of 1994, makes it clear that registration
is no longer necessary for protection of geographical indications. For example,
the U.S. protects geographical indications through unfair competition law as
well as through federal regulations without the necessity of registration.
e) What is the difference between a geographical indication and an appellation
Appellations of origin are specific types of geographical indication. A geographical
indication is a notice stating that a given product comes from a particular
area. An appellation of origin is a more precise geographical indication which
specifies that the product in question has certain qualities and that those
qualities are due essentially or exclusively to its place of origin. The underlying
idea is that certain products own their special qualities to the place that
they come from.
Basically an appellation of origin is a geographical indication that declares
the quality of the goods for which it is used to be derived essentially or exclusively
from the area of production.
IV. Industrial Design a) Explain what an industrial design is in about 50 words.
Industrial design refers to the creative activity. The subject matter of the
legal protection of industrial design is not articles or products, but rather
the design which is applied to or embodied in such articles or products.
It's the appearance of a product, for example the specific features or lines
or contours, colors or shape or materials of a product or the ornamentation
given to it. It's something that is essentially decorative as opposed to functional,
something that appeals to the eye.
An industrial design is that aspect of a useful article which is ornamental
or aesthetic. It may consist of three-dimensional features such as the shape
or surface of the article, or two-dimensional features such as patterns, lines
Industrial designs are applied to a wide variety of products of industry or
handicraft: from watches, jewelry, fashion and other luxury items, to industrial
and medical implements; from house ware, furniture and electrical appliances
to vehicles and architectural structures; from practical goods and textile designs
to leisure items, such as toys and pet accessories.
b) Explain the differences between industrial design protection and patent
An industrial design is a type of intellectual property concerned with the look
and form of an object and which is not determined by technical or functional
necessity and should not be confused with a patent whose purpose is to protect
an invention. A patent usually protects technical innovation, in other words
an invention which must differ from what is already known by some new and non-obvious
technical feature, whereas a design protects the appearance of a product which
from the strictly technical point of view may not be original, but from an aesthetic
or appearance point of view is new and original.
. c) Explain the general conditions needed for the protection of an industrial
In most countries in order to be registered, the design:
· must be 'new' or 'original';
· is capable of being used in industry, or in respect of articles prodused
on a large scale;
· must be applied to utilitarian articles;
· is applied to or embodied in an article must have an appearance which
is capable of visual judgement;
· does not be dictated solely by the function which the article is to
d) What is the typical protection offered to an industrial design?
In most countries an industrial design must be registered in order to be protected
under industrial design law. The term of protection is typically for 5 years
with the possibility of renewal, which may total, in most countries, up to a
maximum of 15 to 25 years (in Republic of Moldodva - 25 years). The minimum
required by the TRIPS Agreement is ten years.
By protecting an industrial design, the owner of the design is given a right
against its unauthorized copying or imitation by third parties.
It is possible, if certain conditions are met, to protect industrial designs
under copyright law or the law against unfair competition. e) What is the purpose of the Hague Agreement on industrial designs and how
does it work?
The Hague Agreement, which is administered by WIPO, allows nationals and residents
of, or companies established in, a State party to the Agreement, to obtain industrial
design protection in a number of countries also party to the Agreement through
a simple procedure. A single international deposit in one language (English
or French), involving a single payment and filed with one office, is all that
is needed. The office can be the International Bureau of WIPO or possibly the
national office of the contracting state.
It works in the same way as the Madrid system in that you file an international
application which is entered in the International Register, published by the
International Bureau and notified to the countries concerned, who then have
the right to grant or refuse protection. In fact, as far as the Hague Agreement
is concerned, there are very few countries that actually examine applications,
and consequently very, very few refusals. This is in sharp contrast to the position
Another difference between the protection of industrial designs under the Hague
Agreement and the protection of marks under the Madrid Agreement and Protocol
is that you don't need to start with protection in the country of origin.
V Patents a) Describe in 100 words or less the purpose of a patent and indicate the general
conditions for the award of a patent.
Patents are one of the oldest forms of intellectual property protection, the
purpose of a patent is to provide a form of protection for technological advances
(inventions). It provide an award for the disclosure of the creation of something
new as well as for the further development, or refinement, of existing technologies.
In short, through patents, progress in changing technologies finds incentive
The patent is a monopoly right to the exclusive use of an invention and can
last for a maximum of 20 years.
An invention must meet several criteria if it is to be eligible for patent protection.
These include, most significantly, that the invention must consist of patentable
subject matter the invention must be industrially applicable (useful), it must
be new (novel), it must exhibit a sufficient “inventive step” (be
non-obvious), and the disclosure of the invention in the patent application
must meet certain standards.
b) What are the benefits of a patent and who is responsible for taking the
initiative to enforce a patent?
The advantages of a patent can be divided in personal and public. The personal
benefits in patent protection is that the owner of the patent can exclude third
parties from making, using, selling or importing products of services which
incorporate his invention without his consent. This however does not necessarily
give the inventor or the owner of the patent to use the invention, if such use
would be illegal - as the use of the gambling machine would once have been -
but the owner of the patent can prevent others from marketing and profiting
from the invention for a period of years. The term of a patent is typically
20 years from the date on which the application is filed, and gives the developer
of the technology the right to have it to himself for a certain number of years
in exchange for full disclosure to the public of how to use it. When the patent
rights expire, the technology becomes public property, and the public are free
to use it for their own good. This term valid the same for every country in
the world, it is now provided by international treaty.
c) Give two examples of the types of things that are not usually patentable
and list 3 characteristics that an invention must have in order to be patent
The characteristics that an invention must have in order to be patent protected
· inventive step;
· it is susceptible of industrial application.
An invention shall be considered to be new if it does not form part of the state
of the art. The state of the art shall be held to comprise everything made available
to the public in any part of the before the priority date (day, month, year)
of the invention concerned.
An invention shall be considered as involving an inventive step if, having regard
that he state or the art it is not obvious to a person skilled in the art.
An invention shall be considered as susceptible of industrial application if
it can be used in industry, agriculture or any other field of activity.
Examples of exception from list of patentable objects are:
· scientific theories and mathematical methods;
· schemes, rules and methods for doing business;
· methods of treatment for human or animals or diagnostic methods;
· things discovered in nature;
· machines that defy the laws of nature, such as a perpetual motion machine.
Cannot be patented things discovered in nature and machines that defy the laws
of nature, such as a perpetual motion machine.
VI. WIPO Administered registrations systems a) In 100 words or less, describe the purpose of the Madrid System and draw
a diagram explaining the process of how an applicant can use the Madrid system
to get protection for a trademark in different countries.
The Madrid system of international registration of marks is an essential tool
enabling trademark owners to apply for protection of their marks in several
countries of the world with one single operation and therefor with great savings
in terms of money and tine.
The Madrid system is governed by two treaties: the Madrid Agreement which dates
from 1891 and the Madrid Protocol which came into operation on April 1, 1996
(the Republic of Moldova is party on both). Procedures concerning the system
are governed by the Common Regulations under the Madrid Agreement and the Madrid
The diagram explaining the process of how an applicant can use the Madrid system
to get protection for a trademark in different countries:
b) What is the system for the international deposit of Industrial Designs?
The Hague System of protection deals with the protection of industrial designs.
The Hague System is governed by the Hague Agreement Concerning the International
Deposit of Industrial Design which dates from November 6, 1925 (London Act 1934
and The Hague Act 1960; Geneva Act 1999 - are not in force, but Republic of
Moldova deposited its instrument of ratification on December 19, 2001). Procedures
concerning the system are governed by the Regulations under the Hague Agreement.
c) What is the Patent Cooperation Treaty (PCT)?
The Patent Cooperation Treaty (PCT) is international agreement. PCT is signed
in Washington of June 19, 1970 and has come into force on January 24, 1978.
The states party to this Treaty constitute a Union for cooperation in the filling,
searching and examination of applications for the protection of inventions and
for rendering special technical services.
d) Describe the process of using the PCT. Include a diagram of the process
involved using PCT, making sure to include the 4 necessary steps.
An International applications is filed with the national Office, which will
act as a PCT receiving Office. Only a single set of fees is incurred for the
preparation and filing of the international application. The receiving Office,
after having accorded an international filing date and made a formal check,
sends a copy of the international application to the International Bureau of
WIPO (the “record copy”) and another copy (the “search copy”)
to the International Searching Authority. Every international application is
subjected to an international search carried out by International Searching
Authorities. The results of the international search are given in an international
search report. The International Bureau includes the search report in the international
publication of the international application and sends a copy to the designated
Offices. The publication announced in the PCT Gazette at the end of 18th months
of the filing date of application. Also the applicant may make a specific request
for international preliminary examination. The processing of an international
application before the designated (or elected) Offices - the national phase
- may not start prior to the expiration of 20 months (or 30 months if Chapter
II is applicable) from the priority date of the international application. Once
national processing starts, the normal national procedures apply and the national
a office decide to grand or refuse a patent.
VII. Unfair Competition a) Explain in about 50 words what is meant by unfair competition. List 6 major
categories of unfair competition and give an example for each.
The idea of unfair competition has been around some time and was mentioned as
part of intellectual property protection as early as 1900 in the Brussels revision
of the Paris Convention. An act of unfair competition is any act of competition
contrary to honest practices in industrial or commercial matters. For example,
the following in particular shall be prohibited:
· all acts of such a nature as to create confusion by any means whatever
with the establishment, the goods, or the industrial or commercial activities,
of a competitor;
· false allegations in the course of trade of such a nature as to discredit
the establishment, the goods, or the industrial or commercial activities, of
· indications or allegations the use of which in the course of trade
is liable to mislead the public as to the nature, the manufacturing process,
the characteristics, the suitability for their purpose, or the quantity, of
There are many different types of acts of unfair competition including:
1. Causing confusion (organizaition which is completely separate from large
organization known under the trademark “Toys R Us” would begin to
sell computers in a store called “Games R Us”)
2. Misleading (the product with packaging that used the stars and stripes flag
as decoration product was not made in the USA)
3. Discrediting Competitors (saying that a competitor's yogurt was made from
4. Violation of trade secrets
5. Taking advantage of another's achievements or free riding (similar mark is
used for dissimilar goods or services)
6. Comparative advertising (claming that one's own product as good as the other
or is better than other).
VIII. Protection of new varieties of plants a) Explain in about 50 words the purpose of giving plant breeders protection
for their work.
Protection is available to a new variety of plants to safeguard the interests
of plant breeders as an incentive to the development of improved plant varieties
for agriculture, horticulture and forestry. Improved varieties are a necessary
and a very cost-effective element in the improvement of the performance and
quality of plants of all types.
b) List and explain in about 40 words the different characteristics of a new
plant variety that would enable it to be protected.
A new plant variety that would enable it to be protected should be:
1. New (or novel)
5. Have a satisfactory denomination.
The novelty requirement serves to ensure that the variety has not already been
exploited commercially. This is strictly a legal assessment and not a technical
There are three technical assessments: distinctness, uniformity and stability.
The variety shall be deemed to be distinct if it is clearly distinguishable
from any other variety, whose existence is a matter of common knowledge, at
the time of filing the application. The exact technical definition of distinctness
resides in the biological description of the variety and is beyond the scope
of this module. It is sufficient to say that a technical expert would be required
to give an opinion on this matter.
The variety shall be deemed to be uniform if, subject to the variation that
may be expected from the particular features of its propagation, it is sufficiently
uniform in its relevant characteristics.
Briefly, this means that the plants of a variety should all be the same or very
similar, with the degree of similarity depending on the nature of the propagation
The variety shall be deemed to be stable if the characteristics remained unchanged
after repeated propagation or, in the case of a particular cycle of propagation,
at the end of each such cycle.
What this means in short is that the variety should remain the same over a period
of repeated propagation from seeds or other methods.
Of course all of these last three technical criteria have to be examined before
the granting of the breeders' rights. Such technical examinations are conducted
by authorized examiners.
The variety is also required to be designated by a denomination which will
be its generic designation.
c) What is the role of the International Union for the protection of new varieties
of plants (UPOV)?
The organization overseeing the protection of new plant varieties is referred
to as UPOV, which is an acronym derived from the French name for the organization,
Union internationale pour la protection des obtentions végétales.
Most countries that have introduced plant breeders' rights have done it using
special legislation based on the UPOV Convention, which is administered by the
Office of the Union based in Geneva.