Buildings that possess aesthetic value and an original character count as works of fine art under the Act on Intellectual and Artistic Works. We examine the conditions under which architectural works are protected, the limits of alterations made without consent, the powers to have the author’s name indicated and to control reproduction, and the separate status of architectural projects.
A person whose economic and moral rights in a work are prejudiced has at his disposal a range of actions extending from bringing the attack to an end to demanding the transfer of the profit obtained. We examine the conditions for these actions, the courts with subject-matter and territorial jurisdiction and the limitation regime that applies.
Infringement of the rights in a work may give rise not only to civil actions but also to criminal proceedings. We examine the acts listed in Art. 71 and Art. 72 of the FSEK, the sanctions prescribed, the complaint requirement and the protective measures applied during the investigation.
The right in a work arises at the moment of creation, independently of registration, and may be asserted against everyone. We examine the scope of moral and economic rights, how economic rights are transferred by assignment, licence and permission, and when the transfer relationship comes to an end.
Whether a sign turns into commercial value depends on choosing it well and registering it properly. We address the concept of a trademark, guarantee and collective marks, the powers conferred by registration and the stages of the application process.
A trade mark entered in the register because the grounds for refusal were overlooked rests on a registration that was unlawful from the outset. We examine the grounds for an action for invalidity, its parties, the court with jurisdiction and the temporal effect of the judgment.
The interval between a collection reaching the market and being copied grows ever shorter. We consider how fashion designs sit between copyright law and industrial property legislation, the conditions for registration, the terms of protection and the sanctions available in the event of infringement.
Registration does not secure the right in a trade mark permanently. Marks that are not used, that become generic or that come to mislead consumers may be revoked. We examine the grounds for revocation, the authority to which the request is made and the consequences of the decision.
Not every word or figure can be entered in the register as a trademark. The Industrial Property Act separates the cases in which the Office refuses an application of its own motion from those in which refusal is possible only upon opposition. We address the scope and practical consequences of the two regimes.
The unauthorised use of a registered trademark is not merely a commercial nuisance but an infringement to which the law attaches sanctions. We examine the proprietor’s claims for a declaration, prevention, cessation, removal and damages, together with their criminal dimension.
Registering a sign as a trademark gives its proprietor an absolute right that may be asserted against everyone. We address the registration process, the term of protection and its renewal, the powers conferred on the proprietor, the grounds on which protection ends, and the civil and criminal mechanisms available in cases of infringement.
