It is not an easy task to create a nice film, wonderful music or a new software. But since it is really easy to copy the created economic value, this work has to be protected in order to keep this innovation process going and provide an incentive for the creation of investment in new works. Therefore a need for legal protection had arisen, which lead to enacting Intellectual Property rights. Many countries have seen the need for this protection. The following work outlines the European and partly the International Legislation of Intellectual Property Rights by first explaining the specific property right and further providing information about European and International legislation. Internationally, IPR are regulated by conventions like the Patent Cooperation Treaty, the Madrid Agreement for the international registration of brands, the Hague Agreement for industrial signs, and the Bern Convention of copy rights. Within the EU, the European Patent Office and the EU Regulation on Trademarks are responsible for the enforcement. Nationally, the national legislation as well as the registration offices take care of those issues. The IPR consist of Copyright, Trademark, Patent, and Design. They all are generally described as intellectual property or intangible property because they are property rights that cannot be touched or felt like personal property (e.g. car) or real property (e.g. land). However, the terms have different meanings and define different things.
Table of Contents
1. Intellectual Property Rights (IPR)
1.1 The Copyright ©
1.2 The Patent
1.3 Design Protection
1.4 The Trademark ™
2. Advertising
2.1 European Legislation on Misleading and Comparative Advertising
2.2 International Codes of Advertising
3. Special Rules in some Contracts
3.1 Distance Contracts
3.2 Contracts negotiated away from business premises
3.3 Package Travel
3.4 Purchase of the right to use immovable property on a timeshare basis
3.5 Consumer Credit
4. Competition - Law
4.1 Theoretical Introduction
4.1.1 Undertakings
4.1.2 The Objective
4.1.3 Exemptions under Article 81 (3)
4.1.3.1 Individual Exemption
4.1.3.2 Block Exemption
4.1.4 Vertical and Horizontal agreements
4.1.4.1 Horizontal agreements
4.1.4.2 Vertical agreements
4.1.4.3 Does it make sense to condemn vertical agreements?
4.1.5 Exclusive Distribution Agreement (EDA)
4.1.6 Exclusive Purchasing Agreements (EPA)
4.2 Competition within the Car Sector in the European Union
4.3 Voices against the expiration
Objectives and Scope of the Document
This document serves as a brief guide to European and international aspects of marketing law, with the primary objective of explaining the legal frameworks surrounding intellectual property, advertising standards, specific contract types, and competition law within the European Union.
- Legal protection of intellectual property including copyrights, patents, and trademarks.
- Self-regulatory and legislative frameworks for misleading and comparative advertising.
- Consumer protection regulations for distance, timeshare, and package travel contracts.
- Analysis of competition law, specifically Article 81, and the dynamics of vertical and horizontal agreements.
- Impact of European Commission proposals on the automotive sector and dealer exclusivity.
Excerpt from the Book
1.2 The Patent
With the distribution of a patent the owner attains the legally protected monopoly for the economic use of the secured invention. Up to 20 years long he may now exclusively use the invention, demand royalty payments of third parties for usage, license or sell the right. As a return for this nationally guaranteed monopoly the patent application's contents are revealed at the latest after 18 months by the patent office. Thus the invention is made generally accessible and can become a starting point of further technical developments. This assures that the innovation process is carried further to future generations. Additionally market trends can be observed and parallel developments avoided. When a patent expires, the invention enters the public domain.
Furthermore patents provide incentives to the inventors by offering them recognition and material award. The exclusive right to exploit an invention commercially helps companies to refinance their research and development. In a broader sense, patents assure a continuous improvement in quality of human life. They can furthermore strengthen companies' market positions through forcing their competitors to seek different solutions once their own is protected. Inventions have to be of practical use, represent an element of novelty or a new characteristic in the prior art in order to receive a patent. Many countries reject patents to theories, plant or animal varieties, commercial methods, or methods for medical treatment. Patents are granted by the National Patent Office or regional patent offices. (The European Patent Office for Europe) In addition to that exists a Patent Cooperation Treaty, which allows inventors to apply once but receive a patent for many countries. In case of misuse by third parties, patent owners may take legal actions in court referring to either national legislation or community legislation.
Summary of Chapters
1. Intellectual Property Rights (IPR): This chapter outlines the necessity of legal protection for innovation and provides an overview of how copyrights, patents, design rights, and trademarks function within European and international frameworks.
2. Advertising: This chapter details the self-regulatory systems governing advertisements, focusing on the principles of legality, decency, and honesty, as well as specific EU directives regarding misleading and comparative advertising.
3. Special Rules in some Contracts: This chapter covers consumer protection mandates for various contract types, including distance selling, contracts negotiated away from business premises, package travel, timeshare, and consumer credit.
4. Competition - Law: This chapter examines the legal regulations concerning anti-competitive behavior, specifically Article 81, the role of exemptions, and the controversial debate surrounding the expiration of block exemptions in the automotive industry.
Keywords
Marketing Law, Intellectual Property Rights, Copyright, Patent, Trademark, Advertising Codes, Comparative Advertising, Distance Contracts, Consumer Protection, Competition Law, Article 81, Block Exemption, Automotive Sector, European Union, Trade Regulation.
Frequently Asked Questions
What is the fundamental purpose of this publication?
The document functions as a practical guide to the complex legal landscape that governs marketing activities, including IP rights, consumer contracts, and EU competition regulations.
Which key areas of marketing law are explored?
The text focuses on Intellectual Property, advertising self-regulation, specific consumer contract protections, and the regulation of competition within the European market.
What is the main goal regarding the competition law section?
The primary goal is to explain the application of Article 81 of the EC Treaty and to analyze the ongoing debate concerning the restriction or promotion of competition through vertical agreements.
Which scientific or analytical methods are applied?
The text utilizes a descriptive legal analysis, citing EU directives, case law from the European Court of Justice (ECJ), and international conventions to explain the regulatory environment.
What does the main body cover in terms of practical business applications?
It provides clear insights into how businesses must navigate regulations for advertising, how to secure IP rights, and the compliance requirements for specific sales channels like distance and timeshare contracts.
How can one define the central themes using keywords?
The themes are defined by the balance between protecting creative and economic interests (IPR) and ensuring fair competition and consumer rights within the EU.
How does the document treat the issue of car pricing in the EU?
It provides empirical evidence of price disparities across Member States and discusses the European Commission's proposals to increase competition by modifying the block exemption rules for motor vehicle distribution.
What are the arguments against ending the block exemption for the automotive sector?
Critics, including automotive associations and some government ministers, argue that the current system is necessary to guarantee quality after-sales service and that changing it may not lower prices but could instead harm small and medium-sized distributors.
- Quote paper
- David Nowak (Author), Robert Reiter (Author), 2002, Marketing Law - A brief guide European and International aspects of Marketing Law, Munich, GRIN Verlag, https://www.grin.com/document/47787
