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General Overview of IP Protection Tools
    Last updated March 2009


    Intellectual Property covers two main areas: industrial property (inventions: patents, utility models; trade marks; industrial designs and protected designations of origin) and copyright(represented by literary, musical, artistic, photographic and audio-visual works).

    The scope of the protection obtained through IPR varies according to the type of instrument employed.




    PATENTS

    UTILITY MODELS

    TRADE MARKS

    INDUSTRIAL DESIGNS

    COPYRIGHT

    TRADE SECRETS

    Technical Inventions:

    • New;

    • Inventive step;

    • Industrial application.

    Technical inventions:

    • New;

    • lower level of inventive activity,

    • Industrial application.

    (Protectable subject matter can be restricted)

    Trade marks for products, services:

    2D or 3D pictures, words, names, colours, and/or sounds.

    Design:

    Aesthetic configuration of an object or a specific shape.

    Literary, graphic or musical works, software, databases.

    Technical information.

    Duration of protection:

    20 years.

    Duration of protection (in most of the EU Member States) :

    10 years.

    Duration of protection:

    10 years, indefinitely renewable.

    Duration of protection:

    5 years, renewable to up to 25 years (according to Directive 98/71 on the legal protection of Designs).

    Duration of protection:

    Author’s lifetime +70 years.

    Duration of protection:

    Indefinite until in the public domain.

    Instruments:

    • National patents;

    • Euro-patents applications;

    • International application (PCT).

    Instruments:

    - National utility models (not available in all EU).

    - International application (PCT)

    Instruments:

    • National trade marks;

    • Community trade marks;

    • International registration of trade marks.

    Instruments :

    • National industrial designs;

    • International deposit of industrial designs;

    • Community design.

    Instruments:

    No registration;

    The protection arises merely through the act of creation.

    Instruments:

    No registration.

    Competent authorities:

    • National patent offices;

    • EPO.

    • WIPO.

    Competent authorities:

    - National patent offices;

    Competent authorities:

    • National patent offices;

    • OHIM - Office for the Harmonisation in the Internal Market (trade marks and designs);

    • WIPO.

    Competent authorities :

    • National patent offices;

    • OHIM;

    • WIPO.






    IPR-Helpdesk is a constituent part of the IP Awareness and Enforcement: Modular Based Actions for SMEs project (IPeuropAware) 
    which is financed by the CIP Programme, DG Enterprise and Industry of the European Commission