Intellectual property (IP) encompasses creations of the mind, such as inventions, literary and artistic works, designs, and symbols, along with brand names, logos, and other identificatory items for businesses.

Intellectual property rights (IPRs) contribute to safeguard the work of inventors, artists, and businesses. By protecting these creations, IPRs ensure that creators and businesses can reap the benefits of their work and innovation. This protection is intended to stimulate creativity, foster economic growth, and promote fair competition.

Some of the most relevant IPRs include:

  • Patents safeguard inventions, technical processes, and products. They grant the patent holders exclusive rights to manufacture, use, sell, or license their inventions;
  • Copyrights protect original creative works, such as books, music, films, software, and artwork. They automatically arise upon creation, granting the creators exclusive rights to reproduce, distribute, perform, display, and adapt their work;
  • Related rights or neighbouring rights complement copyrights by protecting the rights of performers, producers of phonograms, and broadcasting organisations. These rights ensure that the holders receive appropriate compensation for their contributions to creative works;
  • Trademarks distinguish goods and services from those of competitors. They can be brand names, logos, or symbols. Trademark registration provides legal protection and exclusive rights to use the marks;
  • Design rights protect the aesthetic features of a product, such as its shape, pattern, or ornamentation. Registration of a design grants exclusive rights to use the design; and
  • Geographical indications (GIs) identify products originating from a specific geographic location, where quality or reputation is linked to that origin. GIs protect traditional products like wine, cheese, and artisanal goods, inter alia.

The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) is an international agreement that sets a baseline for IPR protection that each WTO Member has to provide. The TRIPs covers a wide range of IPRs, including copyrights, trademarks, patents of GIs.

The TRIPS requires WTO Members to implement effective and adequate protection and enforcement measures for these IPRs. It also establishes obligations related to dispute settlement, technology transfer, and access to medicines. By harmonising IPR standards, the TRIPs intends to promote innovation, creativity, and economic growth.

With respect to Intellectual Property Rights, the CEFTA 2006 only provides limited commitments, now further detailed in the CEFTA Joint Committee Decision on Trade-Related Aspects of Intellectual Property Rights. While the CEFTA Joint Committee Decision on Trade-Related Aspects of Intellectual Property Rights provides for certain harmonisation, the specific rules on IPRs remain largely CEFTA Party-specific.

Article 37 to 39 of the CEFTA 2006 provide the commitments related to the ‘Protection of Intellectual Property’, notably committing the Parties to grant and ensure adequate and effective protection of intellectual property rights in accordance with international standards.

CEFTA Parties have taken steps towards a certain harmonisation in the regulatory framework of IPRs, specifically regarding certain trade-related aspects of IPRs. In this regard, one of the goals under the Common Regional Market Action Plan 2021-2024 has been to develop a framework to harmonise IPR regulations and improve enforcement, aligning them with EU and TRIPs standards, as well as improved coordination between CEFTA Parties’ IP offices.

In 2024, the CEFTA Joint Committee adopted Decision No. 5/2024 on Trade-Related Aspects of Intellectual Property Rights. The key elements of this Decision are the following:

  • Establishment of minimum standards for the protection and enforcement of IPRs within CEFTA Parties;
  • Requirement for CEFTA Parties to ensure that enforcement procedures are not unnecessarily complicated or costly;
  • Provision to encourage CEFTA Parties to implement systems that allow the submission of electronic applications concerning applications for the granting of IPRs and the enforcement of IPRs through Customs measures;
  • Obligation for CEFTA Parties to cooperate in IPR protection and enforcement through the CEFTA Sub-Committee on Intellectual Property Rights; and
  • Mandate for awareness-raising activities on the importance of IPRs as intangible assets for trade, and provide particular assistance to SMEs.

 

CEFTA Parties shall provide links to the relevant agencies concerned with matters relating to IPRs.