ISO 16016

	DIN ISO 16016
Area	documentation
title	Technical product documentation - Protection notices for restricting the use of documents and products
Latest edition	2007-12
ISO	16016

The ISO 16016 Technical Product Documentation - Protection notices for the restriction of the use of documents and products , current edition from December 2007, suggests the uniform labeling of industrial property rights in the technical product documentation.

General

The scope of protection is primarily based on the statutory provisions; in addition, additional warnings, clarifications and information to facilitate evidence are recommended. The right holder makes it clear that he is making full use of the legal protection and would like to restrict the use of documents and products beyond the scope of legal protection. A full protective effect can usually only be achieved through corresponding contractual agreements between the parties involved.

If national laws or requirements for national trade (e.g. the use of the national language) require additional or different requirements, these must also be observed.

Identification of property rights

The labels are intended to indicate an existing property right in order to avoid that it is infringed by others. They may also be used when mentioning or citing the documents or products in other publications, such as catalogs, brochures or offers.

The communication of information about the documents or products is not affected by the protection notices; this is done by the sentence in the next section. Copyright protection only relates to the prohibition of physical reproduction. The other three relate to the prohibition to use the underlying technical teaching or design for commercial purposes.

right	symbol	description	use	Alternative / (from)
copyright	© Ⓒ	Copyright sign "C in a circle",	© <Name des Rechteinhabers> <Jahreszahl der Erstveröffentlichung>	"Copyright reserved"
patent	Ⓟ	"P in a circle"	Ⓟ <Ländercode> <Registriernummer> <Schriftenartcode>
Utility model	Ⓤ	"U in a circle"	Ⓤ <Ländercode> <Registriernummer> <Schriftenartcode>	(Utility model)
Design patents	Ⓓ	"D in a circle"	Ⓓ <Ländercode> <Registriernummer>	"Registered design" (design)

Example of a patent notice: Ⓟ FR 2 775 254 A1

• Unicode characters are used for the representation here, but the simple description "Letter ?in a circle" applies and can therefore also be created graphically. If the symbols cannot be used, the property right must be fully named. For example: "Utility model CH 679439 B5"
• The copyright notice corresponds to Article III, Paragraph 1 of the Universal Copyright Convention , which also provides for the attachment to be made in a location that sufficiently expresses the reservation of copyright.
• Even if a work does not enjoy the protection of copyright law, for example because a descriptive text does not reach the required level of creation , in certain cases the law of fairness against simple copying ("parasite on third-party performance" or "slavish imitation") can apply in the commercial sector .
• The patent symbol should not be confused with the symbol " SOUND RECORDING COPYRIGHT " (  ℗  ), which is followed by only a year. (→ copyright symbol )
• If a patent is only registered but not yet granted, this must be clearly recognizable, for example by using the words “patent pending” or “patent pending” instead of the Ⓟ.
• The country code must be specified in accordance with WIPO Standard ST.3. This corresponds to the usual ISO 3166-1 and is supplemented by codes for international organizations in the field of industrial property protection.
• The font type code must be specified in accordance with WIPO Standard ST.16.

The characters Ⓟ, Ⓤ and Ⓓ were proposed by patent attorney Helge B. Cohausz in 1992 and introduced into the DIN 34 and ISO 16016 standards. The Registered Trade Mark (®) is not part of the standard, but is often included.

Protection notice for documents

Point 5 contains a standardized wording for document protection notices, which is recommended to be affixed for additional protection of the content or the information contained. The uniform text is intended to help maintain trade secrets when working with external service providers or suppliers by pointing out the existence of property rights and, in particular, in this case making it clear that the right holder makes full use of the legal protection and the exploitation of documents and would like to restrict products beyond the scope of legal protection.

“The reproduction, distribution and utilization of this document as well as the communication of its contents to others without express authorization is prohibited. Offenders will be held liable for the payment of damages. All rights reserved in the event of the grant of a patent, utility model or design. "

Passing on and copying this document, as well as the utilization and communication of its contents are prohibited unless expressly permitted. Violations oblige you to pay damages. All rights reserved in the event of patent, utility model or design registration. "

• Instead of the word “document”, a suitable, specific term can be used, such as “drawing”, “operating instructions” or the like.
• If it is planned to hand over documents to foreign language partners, one of the 13 other translations in Appendix A can be used. (Czech, Danish, Spanish, French, Italian, Japanese, Dutch, Norwegian, Polish, Portuguese, Russian, Swedish and Chinese)
• This restriction on use can, if necessary, be lifted with the written consent of the proprietor of the property rights.

If it is not appropriate to quote the long version, for example in the text fields of small technical drawings (large ones should have a place on the edge), presentations or the like, a short form can be used. However, it should be avoided if possible.

"Refer to protection notice ISO 16016."

"Observe protection notice ISO 16016."

In addition to the separately regulated areas of registered intangible goods of the second sentence of the long version, the first sentence has a legal basis in the German-language national competition law:

• Germany: For external persons: § 18 UWG (utilization of templates) ; for internal: § 17 (disclosure of business and trade secrets)
• Austria: Violation of business or company secrets / misuse of entrusted documents : For external parties: § 12 UWG ; for internal: § 11 UWG
• Switzerland (& identical in Liechtenstein): Art. 5 UWG (utilization of third-party services) and Art. 6 UWG (violation of manufacturing and business secrets)

Increase the confidentiality rating

Not regulated in the standard, but if necessary, additional graded confidentiality classifications such as "Confidential" and similar, similar to the confidentiality levels of the authorities or the military. As an example, the classification of the company Linde AG with five levels of confidentiality can be used.

Different usage

Some companies have included the protection notice in their document templates as standard, especially the short version, and thus use it for almost every document. Many documents that can be found are then deliberately put on the Internet by the rights holders and, according to the wording, no one should speak about the content in question without obtaining express permission from the company .

The note can also be found in very general, public presentations without any special trade secrets, and also on simple data sheets for customers and publicly distributed product brochures. Some apparently do not really know ISO 16016 and consider it to be an international copyright standard or notice (à la “Observe trademarks and patent rights”), such as formulations such as “This drawing is protected by copyright according to DIN ISO 16016”; "Protected by ISO 16016"; "All rights reserved conform to ISO 16016"; "Copyright notice see DIN ISO 16016"; "We reserve all rights according to DIN ISO 16016."; "All rights reserved. (DIN ISO 16016) “; "Drawing protected according to DIN 34" suggests.

predecessor

The standard is the international extension of DIN 34 , which was withdrawn in May 2002, and is published in Germany as DIN ISO 16016 .

• Previous versions than DIN 34 were: 1927-04, 1933.03, 1956x-08, 1977-10, 1998-01
• Compared to DIN 34: 1998-01, the term "document" (now all media such as documents, files, programs, images, videos and stored sounds) and the wording of the abridged version of the protection notice have been changed (formerly "Note protection notice according to DIN 34" ) and the option of naming the property right name, instead of using symbols alone.
• Compared to DIN ISO 16016: 2002-05, a misleading translation has been corrected and one word in the Polish text and one in the English text replaced in the translations in the appendix.

Web link

• Table of contents of DIN ISO 16016: 2007-12 at the German Institute for Standardization

Individual evidence

1. ↑ Through appropriate agreements, the author of a work can allow third parties to use the work he has created for a wide variety of purposes. ( Memento of the original from April 21, 2012 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Chamber of Commerce of Lower Austria  
2. ↑ Systematic overview of competition law - Prohibition of unfair business practices (§ 1 UWG) - 1.3 Exploitation of the protection association against unfair competition
3. ↑ Lawyer Rainer Noll: Copyright in the tourism company - copying can be expensive ( Memento of the original from June 14, 2011 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. 
4. ↑ How are property rights identified? In: Newsletter 4/2010 ( Memento of the original from March 8, 2016 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 232 kB) Canzler & Bergmeier 
5. ↑ Standard ST.3 - Recommended Standard on Two-Letter Codes for the Representation of States, Other Entities and Intergovernmental Organizations
6. ↑ Standard ST.16 - Recommended Standard Code for the Identification of Different Kinds of Patent Documents  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.  
7. ^ HB Cohausz: New abbreviations for patents, utility models and designs. GRUR 1992, p. 296 f. ( copat.de )
8. ↑ DIN 34 / ISO 16016: Identification of property rights , www.copat.de, version of January 12, 2011
9. ↑ Frederick L. Ekey, Antje Brämer: Heidelberger commentary on competition law. 2nd Edition. Hüthig Jehle Rehm, 2005, ISBN 3-8114-3053-X , pp. 945–946 ( limited preview in Google book search)
10. ↑ Protection of trade secrets does not have to be complicated  ( page no longer accessible , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. , DIV portal, Deutscher Ingenieur-Verlag, February 24, 2011  
11. ↑ Confidentiality classes of documents - LS 104-03: 09-2007  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. (PDF; 21 kB) ebusiness.linde-le.com, version from September 25, 2007  
12. ↑ 4.5, last sentence