European Union Intellectual Property Law
Compiled and edited by Prof. Dr. Siegfried Fina
Director, Vienna Technology Law Program, University of Vienna School of Law
Director, Center for European Union Law, Business Law and Technology Law, Danube University Krems
Copyright
- Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs [European Software Copyright Directive], [1991] OJ L 122/42 as amended, incorporated by EEA Agreement, [1994] OJ L 1/482
- Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property [European Rental Right Directive], [1992] OJ L 346/61 as amended
- Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission [European Satellite and Cable Copyright Directive], [1993] OJ L 248/15
- Council Directive 93/98/EEC of 29 October 1993 harmonizing the term of protection of copyright and certain related rights [European Copyright Protection Term Directive], [1993] OJ L 290/9 as amended
- Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases [European Database Directive], [1996] OJ L 77/20
- Council Decision 2003/239/EC of 18 February 2003 on the conclusion of an Agreement in the form of an Exchange of Letters between the United Kingdom of Great Britain and Northern Ireland on behalf of the Isle of Man and the European Community extending to the Isle of Man the legal protection of databases as provided for in Chapter III of Directive 96/9/EC, [2003] OJ L 89/11
- Agreement in the form of an Exchange of Letters between the United Kingdom of Great Britain and Northern Ireland on behalf of the Isle of Man and the European Community extending to the Isle of Man the legal protection of databases as provided for in Chapter III of Directive 96/9/EC, [2003] OJ L 89/12
- Council Decision 2003/239/EC of 18 February 2003 on the conclusion of an Agreement in the form of an Exchange of Letters between the United Kingdom of Great Britain and Northern Ireland on behalf of the Isle of Man and the European Community extending to the Isle of Man the legal protection of databases as provided for in Chapter III of Directive 96/9/EC, [2003] OJ L 89/11
- Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society [European Information Society Copyright Directive], [2001] OJ L 167/10 as amended
- Directive 2001/84/EC of the European Parliament and of the Council of 27 September 2001 on the resale right for the benefit of the author of an original work of art [European Resale Right Directive], [2001] OJ L 272/32
- Council Resolution of 14 May 1992 on increased protection for copyright and neighbouring rights, [1992] OJ C 138/1
- Berne Convention for the Protection of Literary and Artistic Works (Paris Act of the Berne Convention)
- International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome Convention)
- Council Decision 2000/278/EC of 16 March 2000 on the approval, on behalf of the European Community, of the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty, [2000] OJ L 89/6
- WIPO Copyright Treaty (WCT), [2000] OJ L 89/8
- WIPO Performances and Phonograms Treaty (WPPT), [2000] OJ L 89/15
- Commission Recommendation 2005/737/EC of 18 October 2005 on collective cross-border management of copyright and related rights for legitimate online music services, [2005] OJ L 276/54, corrected by [2005] OJ L 284/10
Designs
- Directive 98/71/EC of the European Parliament and of the Council of 13 October 1998 on the legal protection of designs [European Design Directive], [1998] OJ L 289/28
- Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs [European Community Design Regulation], [2002] OJ L 3/1 as amended
- Commission Regulation (EC) No 2245/2002 of 21 October 2002 implementing Council Regulation (EC) No 6/2002 on Community designs, [2002] OJ L 341/28
- Commission Regulation (EC) No 2246/2002 of 16 December 2002 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs) in respect of the registration of Community designs, [2002] OJ L 341/54
- Commission Regulation (EC) No 216/96 of 5 February 1996 laying down the rules of procedure of the Boards of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs), [1996] OJ L 28/11
Patents
- Directive 98/44/EC of the European Parliament and of the Council of 6 July 1998 on the legal protection of biotechnological inventions [European Biotechnology Directive], [1998] OJ L 213/13
- Council Directive 87/54/EEC of 16 December 1986 on the legal protection of topographies of semiconductor products [European Semiconductor Directive], [1987] OJ L 24/36, incorporated by EEA Agreement, [1994] OJ L 1/482
- Council Decision 93/16/EEC of 21 December 1992 on the extension of the legal protection of topographies of semiconductor products to persons from the United States of America and certain territories, [1993] OJ L 11/20 as amended
- Council Decision 94/700/EC of 24 October 1994 on the extension of the legal protection of topographies of semiconductor products to persons from Canada, [1994] OJ L 284/61
- Council Decision 94/824/EC of 22 December 1994 on the extension of the legal protection of topographies of semiconductor products to persons from a Member of the World Trade Organization, [1994] OJ L 349/201
- Council Decision 96/644/EC of 11 November 1996 on the extension of the legal protection of topographies of semiconductor products to persons from the Isle of Man, [1996] OJ L 293/18
- Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights [European Community Plant Variety Rights Regulation], [1994] OJ L 227/1 as amended
- Commission Regulation (EC) No 1768/95 of 24 July 1995 implementing rules on the agricultural exemption provided for in Article 14 (3) of Council Regulation (EC) No 2100/94 on Community plant variety rights, [1995] OJ L 173/14 as amended
- Council Regulation (EC) No 2470/96 of 17 December 1996 providing for an extension of the terms of a Community plant variety right in respect of potatoes, [1996] OJ L 335/10
- Commission Regulation (EC) No 1238/95 of 31 May 1995 establishing implementing rules for the application of Council Regulation (EC) No 2100/94 as regards the fees payable to the Community Plant Variety Office, [1995] OJ L 121/31 as amended, also amended by [2005] OJ L 328/33
- Commission Regulation (EC) No 1239/95 of 31 May 1995 establishing implementing rules for the application of Council Regulation (EC) No 2100/94 as regards proceedings before the Community Plant Variety Office, [1995] OJ L 121/37 as amended
- Code of good administrative behaviour in the Community Plant Variety Office, [2000] OJ C 371/14
- Council Decision 2005/523/EC of 30 May 2005 approving the accession of the European Community to the International Convention for the Protection of New Varieties of Plants, as revised at Geneva on 19 March 1991, [2005] OJ L 192/63
- International Convention for the Protection of New Varieties of Plants, [2005] OJ L 192/64
- Council Regulation (EEC) No 1768/92 of 18 June 1992 concerning the creation of a supplementary protection certificate for medicinal products, [1992] OJ L 182/1 as amended
- Regulation (EC) No 1610/96 of the European Parliament and of the Council of 23 July 1996 concerning the creation of a supplementary protection certificate for plant protection products, [1996] OJ L 198/30 as amended
- Commission Recommendation 76/223/EEC of 5 February 1976 to the Member States concerning units of measurement referred to in patent conventions, [1976] OJ L 43/22
Trademarks
- First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks [European Trade Mark Directive], [1989] OJ L 40/1 as amended, incorporated by EEA Agreement, [1994] OJ L 1/482
- Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark [European Community Trade Mark Regulation], [1994] OJ L 11/1 as amended
- Also amended by Council Regulation (EC) No 1992/2003 of 27 October 2003 amending Regulation (EC) No 40/94 on the Community trade mark to give effect to the accession of the European Community to the Protocol relating to the Madrid Agreement concerning the international registration of marks adopted at Madrid on 27 June 1989, [2003] OJ L 296/1
- Also amended by Council Regulation (EC) No 422/2004 of 19 February 2004 amending Regulation (EC) No 40/94 on the Community trade mark, [2004] OJ L 70/1
- Information regarding the date from which Article 1(34) and (35) of Council Regulation (EC) No 422/2004 amending Regulation (EC) No 40/94 on the Community trade mark shall apply, [2004] OJ L 362/16
- Information regarding the date from which points 11 to 14, 21, 23 to 26, 33 and 36 of Council Regulation (EC) No 422/2004 of 19 February 2004 amending Regulation (EC) No 40/94 on the Community trade mark shall apply, [2005] OJ C 163/8
- Commission Regulation (EC) No 2868/95 of 13 December 1995 implementing Council Regulation (EC) No 40/94 on the Community trade mark, [1995] OJ L 303/1 as amended, also amended by [2005] OJ L 172/4
- Commission Communication of 5 November 1998 on the Commission findings concerning the grant under the Taiwan trademark law of priority rights deriving from Community trademark applications (Article 29(5) of Council Regulation (EC) No 40/94 on the Community trademark), [1998] OJ C 351/3
- Commission Regulation (EC) No 216/96 of 5 February 1996 laying down the rules of procedure of the Boards of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs), [1996] OJ L 28/11
- Commission Regulation (EC) No 2869/95 of 13 December 1995 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs), [1995] OJ L 303/33 as amended, also amended by [2005] OJ L 172/22, [2005] OJ L 271/14
- Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs, [2006] OJ L 93/12 [repealing Regulation (EEC) No 2081/92]
- Commission Regulation (EEC) No 2037/93 of 27 July 1993 laying down detailed rules of application of Council Regulation (EEC) No 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs, [1993] OJ L 185/5 as amended, also amended by [2004] OJ L 371/12
- Commission Regulation (EC) No 1107/96 of 12 June 1996 on the registration of geographical indications and designations of origin under the procedure laid down in Article 17 of Council Regulation (EEC) No 2081/92, [1996] OJ L 148/1 as amended, also amended by [1999] OJ L 280/66, [2000] OJ L 174/7, [2000] OJ L 311/25, [2002] OJ L 86/7, [2003] OJ L 120/3, [2003] OJ L 168/10, [2003] OJ L 224/17, [2003] OJ L 234/10, [2004] OJ L 77/25, [2004] OJ L 85/3, [2004] OJ L 232/21, [2004] OJ L 249/14, [2004] OJ L 328/73, [2005] OJ L 118/14, [2005] OJ L 119/3, [2005] OJ L 342/49, [2005] OJ L 342/54
- Commission Regulation (EC) No 2400/96 of 17 December 1996 on the entry of certain names in the "Register of protected designation of origin and protected geographical indications" provided for in Council Regulation (EEC) No 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs, [1996] OJ L 327/11 as amended, also amended by [2002] OJ L 86/7, [2003] OJ L 124/17, [2003] OJ L 177/3, [2003] OJ L 181/12, [2003] OJ L 184/3, [2003] OJ L 203/7, [2003] OJ L 214/6, [2003] OJ L 235/6, [2003] OJ L 294/5, [2003] OJ L 305/5, [2003] OJ L 330/13, [2004] OJ L 336/44, [2004] OJ L 21/9, [2004] OJ L 50/18, [2004] OJ L 64/27, [2004] OJ L 077/27, [2004] OJ L 100/31, [2004] OJ L 116/5, [2004] OJ L 239/5, [2004] OJ L 265/3, [2004] OJ L 273/3, [2004] OJ L 273/7, [2004] OJ L 273/9, [2004] OJ L 322/14, [2004] OJ L 328/65, [2004] OJ L 328/66, [2005] OJ L 033/6, [2005] OJ L 122/10, [2005] OJ L 122/15, [2005] OJ L 148/30, [2005] OJ L 148/32, [2005] OJ L 214/6, [2005] OJ L 297/3, [2005] OJ L 297/5, [2005] OJ L 342/47, [2006] OJ L 72/8
- Commission Regulation (EC) No 383/2004 of 1 March 2004 laying down detailed rules for applying Council Regulation (EEC) No 2081/92 as regards the summary of the main points of the product specifications, [2004] OJ L 64/16
- Commission Regulation (EC) No 1842/2004 of 22 October 2004 allowing the coexistence of the name 'Munster or Munster-Gerome' registered as a Protected Designation of Origin under Council Regulation (EEC) No 2081/92 and the unregistered name 'Muenster Kaese' designating a place in Germany, [2004] OJ L 322/8
- Council Decision 2003/793/EC of 27 October 2003 approving the accession of the European Community to the Protocol relating to the Madrid Agreement concerning the international registration of marks, adopted at Madrid on 27 June 1989, [2003] OJ L 296/20
- Protocol relating to the Madrid Agreement concerning the international registration of marks, adopted at Madrid on 27 June 1989 [Madrid Protocol], [2003] OJ L 296/22
General and other aspects
- Council Regulation (EC) No 1383/2003 of 22 July 2003 concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights, [2003] OJ L 196/7
- Commission Regulation (EC) No 1891/2004 of 21 October 2004 laying down provisions for the implementation of Council Regulation (EC) No 1383/2003 concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights, [2004] OJ L 328/16
- Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights [European IP Enforcement Directive], [2004] OJ L 157/45 as corrected by [2004] OJ L 195/16
- Statement by the Commission concerning Article 2 of Directive 2004/48/EC of the European Parliament and of the Council on the enforcement of intellectual property rights, [2005] OJ L 94/37
- Resolution of the representatives of the Governments of the Member States of 24 July 1984 on measures to combat audio-visual pirating, [1984] OJ C 204/1
- Commission Regulation (EC) No 2659/2000 of 29 November 2000 on the application of Article 81(3) of the Treaty to categories of research and development agreements, [2000] OJ L 304/7 as amended
- Commission Regulation (EC) No 772/2004 of 27 April 2004 on the application of Article 81(3) of the Treaty to categories of technology transfer agreements [European Technology Transfer Regulation], [2004] OJ L 123/11, corrected by [2004] OJ L 127/158
- Directive 98/84/EC of the European Parliament and of the Council of 20 November 1998 on the legal protection of services based on, or consisting of, conditional access [European Conditional Access Directive], [1998] OJ L 320/54
- Commission Decision 89/196/EEC, Euratom, ECSC of 3 March 1989 laying down detailed rules for the declassification of documents covered by professional or business secrecy, [1989] OJ L 73/52 as amended
- Decision No 1608/2003/EC of the European Parliament and of the Council of 22 July 2003 concerning the production and development of Community statistics on science and technology, [2003] OJ L 230/1
- Commission Regulation (EC) No 1450/2004 of 13 August 2004 implementing Decision No 1608/2003/EC of the European Parliament and of the Council concerning the production and development of Community statistics on innovation, [2004] OJ L 267/32