Ryan, Daniel P., Essential Principles of Contract and Sales Law in the Northern Pacific: Federated States of Micronesia, the Republics of Palau and the Marshall Islands, and United States Territories (January 29, 2009). Ave Maria International Law Journal, Vol. 1, No. 1, 2009.
The European Union knows a multiplicity of IP rights, from classical ones (copyright, patent, trademark or design) to more marginal ones, in terms of economic sectors concerned (rights in database, in plant varieties, in semiconductors, in geographical indications). This paper aims at identifying and assessing the existing similarities or common principles in the intellectual property rights in the European Union. Despite their apparent diverging functions, subject matter and scope of protection, copyright, trademark, patent and the other intellectual property rights share at least the fact that they belong to a set of rules granting some exclusive rights in intangible assets, whether creation or signs. Their inclusion under the same label ‘Intellectual Property’ should at least count for something and induce some joint ends and means that could serve as a first skeleton for a reform of intellectual property. This quest for common principles follows successive steps: the justification of the granted protection, the subject matter, the requirements for protection, as well as the exclusions from protection, the scope of protection, the limitations and exceptions to such protection, the duration.