Book contents
- Frontmatter
- Foreword
- Preface And Acknowledgements
- Contents
- About the Editor
- About the Authors and Contributing Firms
- Chapter 1 Genesis, Adoption and Application of European Directive 2004/48/EC
- Chapter 2 Enforcement of Intellectual Property Rights in Austria
- Chapter 3 Enforcement of Intellectual Property Rights in Belgium
- Chapter 4 Enforcement of Intellectual Property Rights in Bulgaria
- Chapter 5 Enforcement of Intellectual Property Rights in Croatia
- Chapter 6 Enforcement of Intellectual Property Rights in Cyprus
- Chapter 7 Enforcement of Intellectual Property Rights in the Czech Republic
- Chapter 8 Enforcement of Intellectual Property Rights in Denmark
- Chapter 9 Enforcement of Intellectual Property Rights in Estonia
- Chapter 10 Enforcement of Intellectual Property Rights in Finland
- Chapter 11 Enforcement of Intellectual Property Rights in France
- Chapter 12 Enforcement of Intellectual Property Rights in Germany
- Chapter 13 Enforcement of Intellectual Property Rights in Greece
- Chapter 14 Enforcement of Intellectual Property Rights in Hungary
- Chapter 15 Enforcement of Intellectual Property Rights in Ireland
- Chapter 16 Enforcement of Intellectual Property Rights in Italy
- Chapter 17 Enforcement of Intellectual Property Rights in Latvia
- Chapter 18 Enforcement of Intellectual Property Rights in Lithuania
- Chapter 19 Enforcement of Intellectual Property Rights in Luxembourg
- Chapter 20 Enforcement of Intellectual Property Rights in Malta
- Chapter 21 Enforcement of Intellectual Property Rights in the Netherlands
- Chapter 22 Enforcement of Intellectual Property Rights in Poland
- Chapter 23 Enforcement of Intellectual Property Rights in Portugal
- Chapter 24 Enforcement of Intellectual Property Rights in Romania
- Chapter 25 Enforcement of Intellectual Property Rights in Slovakia
- Chapter 26 Enforcement of Intellectual Property Rights in Slovenia
- Chapter 27 Enforcement of Intellectual Property Rights in Spain
- Chapter 28 Enforcement of Intellectual Property Rights in Sweden
- Chapter 29 Enforcement of Intellectual Property Rights In the United Kingdom
- Annex: Directive 2004/48/EC
Foreword
Published online by Cambridge University Press: 12 April 2019
- Frontmatter
- Foreword
- Preface And Acknowledgements
- Contents
- About the Editor
- About the Authors and Contributing Firms
- Chapter 1 Genesis, Adoption and Application of European Directive 2004/48/EC
- Chapter 2 Enforcement of Intellectual Property Rights in Austria
- Chapter 3 Enforcement of Intellectual Property Rights in Belgium
- Chapter 4 Enforcement of Intellectual Property Rights in Bulgaria
- Chapter 5 Enforcement of Intellectual Property Rights in Croatia
- Chapter 6 Enforcement of Intellectual Property Rights in Cyprus
- Chapter 7 Enforcement of Intellectual Property Rights in the Czech Republic
- Chapter 8 Enforcement of Intellectual Property Rights in Denmark
- Chapter 9 Enforcement of Intellectual Property Rights in Estonia
- Chapter 10 Enforcement of Intellectual Property Rights in Finland
- Chapter 11 Enforcement of Intellectual Property Rights in France
- Chapter 12 Enforcement of Intellectual Property Rights in Germany
- Chapter 13 Enforcement of Intellectual Property Rights in Greece
- Chapter 14 Enforcement of Intellectual Property Rights in Hungary
- Chapter 15 Enforcement of Intellectual Property Rights in Ireland
- Chapter 16 Enforcement of Intellectual Property Rights in Italy
- Chapter 17 Enforcement of Intellectual Property Rights in Latvia
- Chapter 18 Enforcement of Intellectual Property Rights in Lithuania
- Chapter 19 Enforcement of Intellectual Property Rights in Luxembourg
- Chapter 20 Enforcement of Intellectual Property Rights in Malta
- Chapter 21 Enforcement of Intellectual Property Rights in the Netherlands
- Chapter 22 Enforcement of Intellectual Property Rights in Poland
- Chapter 23 Enforcement of Intellectual Property Rights in Portugal
- Chapter 24 Enforcement of Intellectual Property Rights in Romania
- Chapter 25 Enforcement of Intellectual Property Rights in Slovakia
- Chapter 26 Enforcement of Intellectual Property Rights in Slovenia
- Chapter 27 Enforcement of Intellectual Property Rights in Spain
- Chapter 28 Enforcement of Intellectual Property Rights in Sweden
- Chapter 29 Enforcement of Intellectual Property Rights In the United Kingdom
- Annex: Directive 2004/48/EC
Summary
Original and new intellectual creations and innovations merit protection. The obviousness of this insight was already apparent in earlier times when the system of intellectual property law, in the sense we understand it today, was not yet in existence. By way of example, I refer to Ancient Greece, and in particular the colony ‘Sybaris’ (Magna Graecia in Italy) that enacted one of the first intellectual property protection acts in history in relation with … dishes! In this city – where inhabitants were reputable gourmets – a law was issued that granted chefs a one year monopoly on the preparation of an outstanding dish. This example is somehow at odds with our current copyright system in view of the recent decision of the Court of Justice that the taste of food does not qualify as protectable subject matter under EU Copyright law (case Levola, C-310/17). Yet, it serves to showcase the more general viewpoint that original and novel achievements of individuals were worth protecting. In the sector of trademark law, reference is usually made to ancient Egypt, Greece and Rome where potters themselves made sure that their craftsmanship would be recognised by applying a distinctive sign on their pottery. As regards novel inventions, an initiative of the Italian City State of Venice comes to mind where it was decided, in the 1470s, to grant a 10-year-patent to anyone who would make a new and ingenious contrivance in the city of Venice.
Although these historical examples do not actually testify of the existence of a system serving the same purposes as modern IP law, they already implicitly confirm the importance of a regulatory scheme that enables rightholders to reap the benefits of investments into new inventions and creations.
However, as is commonly agreed on today, intellectual property assets can only lead to benefits when the acquired intellectual property rights can be efficiently enforced. For many years now, counterfeiting and piracy have become an international, oft en professional, market with significant negative economic and social consequences. More in general, infringements to intellectual property rights pose a serious threat not only to individual rightholders, but also to companies’ assets and the overall economy. It is therefore of paramount importance to link any IP protection scheme to an efficient enforcement system.
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- Publisher: IntersentiaPrint publication year: 2019