Business Law

SESSION 1// IPRS

1. Introductions

1. What is IP? What are IPRs?

 We need to qualify the situation to know the laws and the rules related to it and that are applicable on this situation [pic 1]

IP right are the legal rights resulting from an intellectual activity should it be creative, scientific or industrial. In other words, it’s the right granted to the creator over the creation of his minds. It includes: patents, copyrights and trademarks.

1. Why do you have IPRs?

• It’s to save the right the creator’s ideas interests and rights
• To prevent other from copying or stealing his product or creation.
• The objective is to gain revenues by selling your ideas and creation abroad or to be engaged in some different business relationships (establish a joint venture)
• To encourage creativity and innovation. If creators know that they will be protected, they will be encouraged to innovate.  

1. What are the sources of IPRs?

Different legal sources of IP:

• International

• TRIPS: Trade Related aspects of IPRs Agreements
• FTA: Free Trade Agreements

• EU Directive on IP (2016 Document 943)

• National

Directives: a legal act of the European Union, which requires member states to achieve a particular result without dictating the means of achieving that result. It can be distinguished from regulations which are self-executing and do not require any implementing measures.

Regulation (réglement): A rule of order having the force of law, prescribed by a superior or competent authority, relating to the actions of those under the authority's control.

1. What are the fora of IPRs?

Fora is the different body (entities) which are call to deal with IP topics or issues questions. Property right

It creates the monopole, the exclusive right over the use of your creation

Exclusive rights are a form of monopoly. the concepts of property and ownership

WIPO/ WTO: is a forum where the principles of IP are discussed.

2. Common principles of IPRs

a- Exclusivity

It means property rights, as the creator, you are the only one that has the right to sell it, to use it, because you own it.

They create legal monopole, that is the exclusive right over the use of the creation.

b- Intangibility

It means, goods which are incorporeal, and you can see it anywhere, because it’s abstract.

They are everywhere. Incorporeal property, describes something which a person or corporation can have ownership of and can transfer ownership to another person or corporation, but has no physical substance, for example brand identity or knowledge/intellectual property. It generally refers to statutory creations such as copyright, trademarks, or patents. It excludes tangible property like real property (land, buildings, and fixtures) and personal property (ships, automobiles, tools, etc.)

c- Territoriality

It is the place where we registered our right, (in France or abroad). The place, is where our IP is exploited.

IP rights are protected within the limits of the country that granted the protection.

3. Some Insights on ≠ IP fields

1. Patents[pic 2]

Patent is the right granted by the relevant national registration patent office to the owner of an invention for a limited period of time to prevent others from making, using, making, selling your invention without your agreement.

• What do patent protect? [pic 3]

Invention means that you move from an idea to an invention that you implement and describe with sufficient and specific details.

Legal conditions

It must be new, never seen or used
It must be non-obvious to anybody (experts or not),

It must be useful (must be manufactured, must be used),

It must not be against morality or the public order.

Who owns the invention? The creator, the inventor (the person who depose the patent?) It also the investor 

In France, to register we got INPI (national institute of IP).

1. Copyrights  [pic 4]

Copyright: Protection and legal right, granted to the author of an original, artistic, musical or literally work or creation. In other protect the original work of authorship be it in the of literature, art.

Generally granted for a fixed duration

...