The co-operation must be world, but it rests above all with
the European countries to agree between them.
· At the European level
In the field of the patent rights, the Community legislation
has golds and already instituted processes of deposit of marks and patents on
the scale of the European union. Thus, the Office of the patents of Munich
delivers patents of which the effects extend to all the European Convention
countries, the office of harmonization of Alicante carrying out a similar work
in the field of the marks. It is thus necessary systematically to encourage the
deposits of marks and patents European in order to in the long term replace (at
least for what touches with Internet) the national offices by the two
institutions previously quoted. In the same way, it appears desirable to
develop the projects of deposit on line such as EASY and MIPEX. On the other
hand, in the field of the author's copyright and artistic, the Community
legislation still presents gaps. Nevertheless, the commission works with a
harmonization of the legislations of the Member States and published the green
book on the royalty and the rights close in the company to information in 1996,
as well as a draft Directive in 1997. Moreover the directive of 1996 on the
data banks approaches certain aspects of the royalty.
The European Union seems to have really become aware of the
importance of a Community legislation on the intellectual property, which can
and must give him a good position in the negotiations which will probably take
place at the international level.
· On a world level
The protection of the intellectual property did not cease
continuing since the convention of Bern in the industrialized countries, and
since agreements ADPIC concluded within the framework from GATT in 1993, in the
countries in the process of development. But the problems raised by the advent
of Internet and the company of information probably will lead to new
international negotiations under the impulse of OMPI. Thus the ICANN, solution
with the problems of naming is set up. But it was seen that many problems found
solution only at the international level. New negotiations will take place,
probably giving rise to new authorities of regulation
BIBLIOGRAPHY
· Deliver
Author's copyright and artistic and right neighbors,
Claude Colombet, (8th edition), DALLOZ
Great principles of the royalty - Approach of compared
right, Claude Colombet ED. LITEC
Report/ratio of the Council of State on the company of
information
Deliver green on the royalty in the company of
information, European Commission
Opinion of the Economic and Social Committee on the green
book
· Articles
* The royalties pass to the era of numerical, the Barber,
24/12/96
* A report/ratio of the Council of State estimates that
Internet does not need a specific right, the World, 09/09/98
* Legal problems posed by Internet, the problems involved in
the respect of the law on Internet, the Correspondence of the press,
11/09/98
* Internet : an already abundant jurisprudence, Echoes,
23/09/98
* The data base is likely to be protected by the royalties,
the Platform, 17/11/98
* The marks are confronted with the hacking on Internet
addresses, the Platform, 23/11/98
* The press wonders about the royalties related to the
electronic media, the World, 06/02/98
* Internet, royalty and photography, Légipresse,
November 1997
* Lorentz mission on the electronic trade, groups
intellectual property and naming
* Which culture in the intellectual cyber space and which rights
for this cyber culture ?
* Jerome HUET- Dalloz Collection 98 Chronicles p.185
* For a diagram of the intellectual property, ALIVE Michel
· Articles Internet
- Trade-mark law domain names and, April 1997,
http://www.fgassocies.com/
- Legal aspects of Internet, November 1998,
http://www.fgassocies.com/
- Internet « outlaw » ? , July 1996,
http://www.fgassocies.com/
- The software create by the employees : a royalty
escaping their http://www.fgassocies.com/, author
- The setting on Internet without authorization of a
protected work is a counterfeit, November 1996 http://www.fgassocies.com/,
- To control the constraints of the transfer of the rights
for the multi-media one, October 1996 http://www.fgassocies.com/,
- Plays Multi-media : authors of a new kind ? ,
http://www.fgassocies.com/
- Rights of the employer, producer of a multi-media work
carried out by an employee, http://www.fgassocies.com/
- Policy of the patents : general elements, January
1997, http://www.chez.com
