Copyright

A literary, artistic, or scientific creation gets copyright when it is created. Only a natural person or natural persons who have created the work can be the author of the work. The creation and exercise of copyright does not require registration, deposit or other formalities of the work. The rights are valid for the lifetime of the author and 70 years after his death.

A work protected by copyright is, for example, a written article, a drawn picture, a selfie or a comment left on social media, as well as a lecture, presentation or speech, because any orally presented work is also protected by copyright. Copyright also protects intermediate stages of creating a work (draft, sketch, chapter, or source material for the creation of a computer program).

Moral rights and economic rights are owned by the author.

Moral rights are:

• right of authorship;
• right of author’s name;
• right of integrity of the work;
• right of additions to the work;
• right of protection of author’s honour and reputation;
• right of disclosure of the work;
• right of supplementation of the work;
• right to withdraw the work;
• right to request that the author’s name be removed from the work which is being used.

The author’s moral rights are inseparable from the author’s person, i.e. the law does not allow them to be transferred by way of a transaction.

Main economic rights are:

• right of reproduction of the work
• right of distribution of the work
• right of translation of the work
• right of alteration of the work
• right of collections of works
• right of public performance
• right of exhibition of the work
• right of communication of the work.

An important difference from moral rights is the possibility of transferring economic rights. They can be transferred either as individual rights or as a set of rights, for a fee or free of charge. If someone uses the author’s work, the author has the right to fair and reasonable compensation.

Except in cases where the author’s economic rights are transferred or on the basis of a permission (license) provided by the author, the use of the work by others is permitted (except for the cases provided for in § 4 of the Copyright Act). The author has the right to claim compensation for property and non-property harm caused, terminate the unlawful use, and refrain from further infringement if the work or the subject of copyright rights is used unlawfully. Additionally, the author has the right to request that the outcome of such use be handed over. The possibilities of civil protection of copyrights and related rights are given in § 81⁷ of the Copyright Act.

Questions about copyright can be sent to autor@epa.ee.

Industrial design

The exterior design of the product can be protected by registering an industrial design. Everything that can be seen with the so-called naked eye can be protected. When a product’s appearance sets it apart from competing items of a similar nature, registering an industrial design is a smart move. Various items of clothing, packaging and jewelry have been registered as designs, as well as, for example, sauna houses, parcel machines or electric scooters. It can be said that for almost all products, among other things, emphasis is also placed on the appearance, and therefore all products can be registered as an industrial design.

The exclusive right to make a product that is identical to or comparable to the product is granted upon registration of an industrial design. Furthermore, it is possible to defend the registration if a product that is identical to or strikingly similar to yours enters the market. In general, registering an industrial design can be compared to purchasing insurance; doing so makes it simpler for you to defend your rights should the need ever arise.

The Estonian Patent Office provides free consultations so that you can learn more about industrial designs, the reasons why it makes sense to protect them, and the considerations you should make when filing a registration application. Consultations are not just for registering industrial designs in Estonia; you can also get advice if you want to protect your design in the entire European Union. Questions regarding consultations should be addressed to the email address disain@epa.ee or call 627 7921.

Invention

The invention is a new solution to a technical problem. There may be several solutions to the same problem, each of which may be a new invention. An invention can be a method, device or substance. The method means both production processes and all kinds of technical methods, for example, data collection and processing, diagnostics, etc.

If you invent a new, more effective cleaning agent and a new type of agitator to make it, you can protect the cleaning agent as a substance, the method of its preparation as a method, and the agitator used to make the cleaning agent as a device. The use of a known device or other product for a new purpose or the use of a known method for a new purpose can also be considered as an invention. For example, if it turns out that a cleaning agent can be successfully used to increase the wear resistance of paint, it is also possible to protect the new purpose of the cleaning agent as an invention.

An invention can be protected in two ways, as a patent or as a utility model. An invention is patentable if

• it is new
• involves an inventive step (e.g., is not self-explanatory for an expert in the relevant field)
• is susceptible to industrial application (i.e., it can be produced or used for economic purposes).

If an innovation is meant to be utilized only temporarily or if the inventor has any doubts about whether the invention satisfies the inventive step requirements for patentability, it is advised to protect the invention as a utility model.

The owner of a patent or utility model has exclusive rights to the invention. Protecting an invention as a patent or utility model gives the owner an exclusive right. This way it is possible to sell the product without competition or grant it for usage with a license to maximize your profit. Additionally, a utility model or patent that has been registered in the public register makes it clear which rights are protected, which improves the chances of finding business partners.

The exclusive right obtained by protection is territorially and temporally limited. More information about inventions can be found on the website of the Estonian Patent Office. For questions and advice, call 6277910 or 6277944 or send an e-mail to leiutis@epa.ee. Answers to questions related to filing a patent or utility model application are available at the Estonian Patent Office on Tuesdays from 15–17.

Trade marks

A trade mark is a marketing tool used by business owners to market their products and services. With the help of a trade mark, the consumer remembers the product or service and can later buy the product or service they liked again. Thus, a registered trade mark enables the differentiation of goods or services from those of rivals and the development of a long-lasting relationship with the consumer. A trade mark is a company asset, the value of which can be created and increased by the entrepreneur through their daily business activities. An entrepreneur can also sell and license a valuable trade mark separately.

In order to acquire rights to a trade mark, the trade mark must be registered. It is advisable to file the application for registration before the trade mark is put into use. A registered trade mark lets competitors know which trade mark is already protected and allows you to defend your rights if the protected trade mark is used without the owner’s permission.

Before applying for trade mark registration, it is important to know that by registering a trade mark, you acquire the right to use the trade mark to denote specific goods and services. It is definitely worth consulting with the Estonian Patent Office before filing a trade mark application.

You can find more information about trade marks on the website of the Estonian Patent Office.

Free consultations are available from the Estonian Patent Office, during which you can learn about the specifications for a trade mark and the considerations that must be made when filing an application for registration. The consultation’s topics are not restricted to trade mark registration in Estonia; guidance is also provided if you want to have your trade mark protected across the EU. Consultations by phone or email are available by calling +372 627 7937 on weekdays from 9 AM to 1 PM, and by e-mail at kaubamark@epa.ee during the entire workday. You can schedule on-site consultations with an expert, but you must pre-register by calling +372 627 7937 or sending an email to kaubamark@epa.ee.

Geographical indications

A geographical indication is a collective intellectual property. Anyone who produces goods that meet the requirements of a registered geographical indication has the right to use it on their product or service. For the consumer, the geographical indication acts as a mark of quality. A geographical indication is used to show that the goods or services originate from a particular geographical area and that there is a significant characteristic link between the goods or services and the place where the goods or services are manufactured. A geographical indication provides protection against copycats and misuse. Products protected and marked with a geographical indication are easier to market, and the use of the label allows entrepreneurs to enter a new market easily.

Some of the most well-known geographical indication are, for example, “Gognac” and '”Parmigiano Reggiano”.

At the level of the European Union, geographical indications for food, alcoholic beverages, and agricultural products can be protected. For instance, geographical indication from Estonian goods such as “Sõir” (dairy products) and “Estonian Vodka” (vodka) are protected.

More information about geographical indications can be found on the website of the Estonian Patent Office.

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