Summary fiche on EU Intellectual Property law
Trade marks and geographical indications
Regulation on the Community trade mark (207/2009/EC codified version)
This Regulation, which codifies Regulation No 40/94/EC, establishes a system for the granting of Community trade marks (CTM) by the Office for Harmonisation in the Internal Market (OHIM). The CTM is a unitary title producing effects throughout the Community and exists alongside the national trade mark system of the Member States.
Directive on the laws of the Member States relating to trade marks (2008/95/EC codified version)
This Directive, which codifies Directive No 89/104/EEC, harmonises substantive law in the field of trade marks in the Member States. It defines what may and may not constitute a trade mark (absolute/relative grounds for refusal or invalidity), rights conferred by a trade mark and the limitations thereof, and grounds for cancellation and revocation.
Regulation on protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products (607/2009/EC)
This Regulation constitutes the implementation of Regulation No 479/2008/EC and sets forth the detailed procedure for registration of wine as PDO (protected designation of origin) and PGI (protected geographical indication) on application by Member States; requirements for the product; objection and cancellation procedure; annual verification and detailed provisions to obtain the title for third country products.
Regulation on the definition, description, presentation, labeling and the protection of geographical indications of spirit drinks (110/2008/EC)
Under this Regulation, which repeals Regulation No 1576/89/EEC, spirit drinks may be registered as GI (geographical indications) following submission to the Commission of an application by the Member State in which the drink originates. The Regulation provides for requirements to be fulfilled to obtain the registration, the scope of protection and cases in which registration may be annulled. It also clarifies the situation of the homonymous geographical indications.
Regulation on geographical indications for agricultural products and foodstuffs (510/2006/EC)
This Regulation, which repeals Regulation No 2081/92/EEC, establishes the criteria and procedures by which agricultural products and foodstuff intended for human consumption can be recognised as PDO and PGI.
Industrial Designs
Regulation on Community designs (6/2002/EC)
This Regulation introduces a system for the Community design, both the registered Community design, which is granted by the Office for Harmonisation in the Internal Market (OHIM), and the unregistered Community design. The Community design has a unitary character, producing the same effects throughout the Community and exists alongside the national systems of the Member States.
Directive on the legal protection of designs (98/71/EC)
This Directive introduces the substantive law in the field of designs in Member States. It provides the definition, requirements for protection (novelty and individual character), scope and limitations thereof, as well as the grounds for refusal or invalidity.
Copyright and related rights
Directive on the legal protection of computer programs (2009/24/EC codified version)
This Directive, which codifies Directive No 91/250/EEC, sets up a harmonised legal protection system for software in the Member States under copyright law. It stipulates the scope of protection of the software as literary work if it is original. Furthermore, it establishes the limitations to exclusive rights regarding backup copy, correction of errors, interoperability with other software and some reverse engineering without the authorisation of the right holder.
Directive on the term of protection of copyright and certain related rights (2006/116/EC codified version)
This Directive, which codifies Directive No 93/98/EEC, sets the basic term of protection for copyright economic rights at 70 years after author’s death and for related rights at 50 years from the moment protection starts (i.e. from performance, the fixation of phonogram, etc.) It also clarifies the terms for protection of the works originating from third countries.
Directive on rental right and lending right and on certain rights related to copyright (2006/115/EC codified version)
This Directive, which codifies Directive No 92/100/EEC, provides for a greater level of protection for literary and artistic property. It requires the Member States to introduce into legislation the right to authorise or prohibit the rental and lending of originals and copies of copyrighted works. It determines who holds these rights and establishes certain procedures for exercising them.
Directive on the resale right (2001/84/EC)
This Directive introduces a compulsory resale right, which provides for the benefit of the author of an original work of art a percentage of the price obtained for any resale of the work made by professionals from the art market (auction houses, galleries or any other art market).
Directive on copyright and related rights in the information society (2001/29/EC)
This Directive harmonises legislation on copyright and related rights for reproduction, communication and distribution rights in the field of the information society. Furthermore, it provides for protection against the circumvention of any effective technological measures covering works or any other subject matter and for protection of rights-management information.
Directive on the legal protection of databases (96/9/EC)
This Directive provides for two types of protection for databases, one under copyright for the intellectual creation involved in the selection and arrangement of materials (if any), and the other under the sui generis right, which aims to reward the investment in the obtaining, verification or presentation of the contents of a database.
Directive on copyright applicable to satellite broadcasting and cable retransmission (93/83/EEC)
This Directive facilitates the free cross-border satellite broadcasting of programmes and their cable retransmission from other Member States, specifically by removing the obstacles arising from disparities between national provisions on copyright.