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Comparative Intellectual Property Law
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Geographical Indications
The EU has a strong focus on geographical indications, while the US tends to cover such protections under trademark law.
Three-Step Test in Copyright Limitations and Exceptions
The interpretation and application of the three-step test from the Berne Convention for the Protection of Literary and Artistic Works varies by country.
Patentability Criteria
Variations exist in what constitutes novelty, non-obviousness, and utility between jurisdictions like the US and the EU.
Trademark Use Requirement
In some countries like the US, trademarks must be in actual use to maintain registration, while others accept intent-to-use.
Fair Use Doctrine
The US has a broad fair use doctrine, compared to countries like the UK which follow a more restricted fair dealing approach.
Protection of Layout-Designs (Topographies) of Integrated Circuits
The US ratified the Washington Treaty, while the EU has its own Directive on the legal protection of these designs.
Copyright Exhaustion
National, regional, or international exhaustion policies affect the reselling of copyrighted goods differently across jurisdictions.
Patent Term Extensions
Patent term adjustments for regulatory delays are more common in the US, while Supplementary Protection Certificates exist in the EU.
Secondary Liability in Copyright Infringement
Countries like the US have established doctrines like vicarious and contributory liability, which may not be explicitly defined elsewhere.
Prior User Rights
In some legal systems, prior users of an invention may continue to use it despite a later patent, which is not universally recognized.
Non-Traditional Trademarks
Protection of non-traditional marks such as sounds and smells varies, with some jurisdictions having more lenient criteria than others.
Copyright Term
The length of copyright protection can differ significantly; for example, life plus 70 years in the US vs life plus 50 years in many other countries.
Database Rights
The EU's sui generis database right provides protection separate from copyright, not recognized in jurisdictions like the US.
Moral Rights
Europe generally offers stronger protection of moral rights than the US, where they are limited and often waivable.
Plant Variety Protection
The US uses Plant Patent Act and Plant Variety Protection Act, while the EU provides protection under the Community Plant Variety Office.
Trade Secret Protection
Legal frameworks for trade secrets vary, with the US adopting the Uniform Trade Secrets Act and the EU having the Trade Secrets Directive.
Industrial Design Rights
Some jurisdictions provide for unregistered design rights (e.g., EU) offering short-term protection, unlike the US which requires registration.
Parallel Importation and Trademark Law
Differences in exhaustion of trademark rights affect the legality of parallel imports, with some countries adopting national or regional exhaustion policies.
Compulsory Licensing
Granting of compulsory licenses, particularly for pharmaceuticals, varies notably between developed and developing countries.
Orphan Works
Different countries have varied approaches to dealing with orphan works - copyrighted works whose owners are unidentifiable.
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