Qu'est ce que la propriété intellectuelle ? -en anglais

US Business Law Report

Subject: The Intellectual Property

Table of content

I. Introduction p.3

II. Comparative analysis of the Intellectual Property system in France

and in the US p.3

A. The intellectual property p.3

a. Definition p.3

b. The WIPO p.5

c. Organizations related to the Intellectual Property p.5

i. In France p.5

ii. In the United States p.5

B. Two branches of the intellectual property p.6

a. Intellectual property right, copyright p.6

i. Copyright p.6

ii. The Berne Convention p.7

b. The Industrial Property (Patent right) p.9

i. The patent definition according to the WIPO p.9

ii. Differences between the two patent systems p.11

c. Trademarks p.12

i. Definition p.12

ii. A system of international registration of marks p.14

iii. Differences p.14

d. Trade secret p.16

III. Case study p.17

IV. Conclusion p.20

V. Sources p.20

I. Introduction

The term intellectual property refers broadly to the creations of the human mind. Intellectual property rights protect the interests of creators by giving them property rights over their creations.

That concept is more and more important today because of the development of the new technologies and the Internet. It becomes more and more difficult to have a look and a control on your property because information circulates more quickly and everything is easier to share. So, thanks to this report, we are going to take an interest in the different ways you have in the US and in France to protect effectively your intellectual property.

First, we are going to analyze the main similarities and differences about the intellectual property law under the French system and the American system. And secondly, we are going to focus on the process you have to follow if you want to cover your intellectual property with a patent.

II. Comparative analysis of the Intellectual Property system in France and in the US

A. The intellectual property

a. Definition

The term intellectual property refers broadly to the creations of the human mind. Intellectual property rights protect the interests of creators by giving them property rights over their creations.

The Convention Establishing the World Intellectual Property Organization (1967) gives the following list of subject matter protected by intellectual property rights:

 Literary, artistic and scientific works;

 Performances of performing artists, phonograms, and broadcasts;

 Inventions in all fields of human endeavor;

 Scientific discoveries;

 Industrial designs;

 Trademarks, service marks, and commercial names and designations;

 Protection against unfair competition; and

 “All other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.”

Intellectual property relates to items of information or knowledge, which can be incorporated in tangible objects at the same time in an unlimited number of copies at different locations anywhere in the world. The property is not in those copies but in the information or knowledge reflected in them. Intellectual property rights are also characterized by certain limitations, such as limited duration in the case of copyright and patents.

The importance of protecting intellectual property was first recognized in the Paris Convention for the Protection of Industrial Property in 1883 and the Berne Convention for the Protection of Literary and Artistic Works in 1886. Both treaties are administered by the World Intellectual Property Organization (WIPO).

Generally, countries have laws to protect intellectual property for two main reasons. One is to give a statutory expression to the moral and economic rights of creators in their creations and to the rights of the public in accessing those creations. The second reason is to promote creativity, and the dissemination and application of its results, and to encourage fair trade, which would contribute to economic and social development.

Although many of the legal principles governing intellectual property have evolved over centuries, it was not until the 19th century that the term intellectual property began to be used, and not until the late 20th century that it became commonplace in the United States. The British Statute of Anne 1710 and the Statute of Monopolies 1623 are now seen as the origins of copyright and patent law respectively.

In the United States the Intellectual Property law exists at both the State and federal level. At the federal level, the Constitution and legislation authorized under the Constitution deal exclusively with patents and copyrights, and partially with trademarks and related areas of unfair competition. At the State one, laws cover a broad spectrum of intellectual property fields from trade secrets to the right of publicity.

In France, there is the Intellectual Property Code which is a document of the French Law, created by the law n° 92-597 on July, the 1st 1992 related to the Intellectual Property Code. It is published in « Le journal officiel » (The official government register). It groups the former laws governing the two branches of the intellectual property together. It is often updated by the Parliament.

The intellectual property can be divided into

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