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Dispute China vs US



What can a country do if not satisfied with another country’s IP protection?



WTO dispute mechanism to settle the dispute (TRIPS)



Australian case

They can't put their brands on the packages. They have to use plain packages.
Trademark issue: it does not comply with trademark protection. Company cannot use trademark as it was registered.

it highlights the different issues that can arise from IP


Apple vs Samsung

- Dispute started years ago. In 2010, Apple started suing different companies (HTC, Nokia, Samsung) for copyright infringements.
- What is a declaration of non-infringement? An indication of no infringement that forces the other company to come and show whether or not there is an infringement. Samsung won as the UK court found that there was no infringement. The round shape was not infringing because Samsung phones are not ‘as cool’ as iPhones.
- There was a ban of sales in Germany of Galaxy products.


Hollywood v Silicon Valley

- safe harbour procedure
- Hollywood claims YouTube should be liable and not benefit from safe harbour
- More political as politicians are deciding


. What is a copyright?

- It protects literary and artistic work, which has to be individual enough to warrant protection.
- This was not so easy. Centuries ago, photography was not deemed as a being capable of granted copyright protection. Changed with French judgment
- Contemporary art and copyright. Copyrights works benefit from tax benefits.
- Software is usually protected by copyright


What is a Trademark?

It protects signs which are capable of distinguishing the goods or services of one company (from those of other companies)
Different Types of Trademark
- Combined trademark: ROLEX (word and visual)
- Burberry shape trademark, colour, music, Lion of MGM
- Issue of smell trademark: perfume industry could be granted high protection. EU has still rejected this but UK has accepted for tennis balls which have the smell of grass. Also darts with smell of beer.
- A trademark only protects specific good and products. E.g. Apple trademark will be protected on only computer devices


What is a Patent?

It protects inventions e.g. Velcro of creative solutions discovering natural processes
- Surgery processes can be protected. The screen touch is seen as a product patent


What is Industrial Design?

It protects inventions e.g. Velcro of creative solutions discovering natural processes
- Surgery processes can be protected. The screen touch is seen as a product patent


IP similar rights (related rights)

- Airbnb data can be protected as database right.
- Trade secrets are intangible. Employee’s know how can be protected as trade secrets. Coca Cola recipe is protected as a trade secret
- The image of someone can be protected and can be used to claim royalties. E.g Topshop did not have the image rights of Rihanna even though they had the copyrights of the photographer.


What is the territoriality principle?

(Art 6 Paris Convention for trademark registration, Art 2.2 Berne Convention for literary and artistic works): Each country decides how to protect IP. The use of the principle of territoriality has become global.
Countries recognized the need for international protection and so treaties were adopted for intellectual property


What is two essential pillars of IP Protection

Paris Convention for the protection of Industrial Property (1883)
Bern Convention for the protection of Literary and Artistic Works (1886)

The treaties set out minimum standards and scope of protection, which member states can extend.


What principles I should know?

- National Treatment
- Most Favorable Nation
- Territoriality