Irish trade mark law
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The Paris Convention for the Protection of Industrial Property, signed in Paris, France, on 20 March 1883, was one of the first intellectual property treaties. It established a Union for the protection of industrial property; the Convention is still in force. The substantive provisions of the Convention fall into three main categories: national treatment, priority right and common rules. According to Articles 2 and 3 of this treaty and natural persons who are either national of or domiciled in a state party to the Convention shall, as regards the protection of industrial property, enjoy in all the other countries of the Union, the advantages that their respective laws grant to nationals. In other words, when an applicant files an application for a patent or a trademark in a foreign country member of the Union, the application receives the same treatment as if it came from a national of this foreign country. Furthermore, if the intellectual property right is granted, the owner benefits from the same protection and the same legal remedy against any infringement as if the owner was a national owner of this right.
The "Convention priority right" called "Paris Convention priority right" or "Union priority right", was established by Article 4 of the Paris Convention, is regarded as one of the cornerstones of the Paris Convention. It provides that an applicant from one contracting State shall be able to use its first filing date as the effective filing date in another contracting State, provided that the applicant, or his successor in title, files a subsequent application within 6 months or 12 months from the first filing. Article 11 of the Paris Convention requires that the Countries of the Union "grant temporary protection to patentable inventions, utility models, industrial designs, trademarks, in respect of goods exhibited at official or recognized international exhibitions held in the territory of any of them". If a patent or trademark registration is applied for during the temporary period of protection, the priority date of the application may be counted "from the date of introduction of the goods into the exhibition" rather than from the date of filing of the application, if the temporary protection referred to in Article 11 has been implemented in such a manner in national law.
There are, other means for the Countries of the Union to implement in their national law the temporary protection provided for in Article 11 of the Paris Convention: It is possible, for example, in the case of exhibited patentable inventions, to make provision for temporary protection by other means, namely, by prescribing that, during a certain period, such exhibition will not destroy the novelty of the invention and that the person who exhibits the invention will be protected against usurpation of his invention by third parties. Still another possibility of protection consists in the recognition of a right of prior use in favor of the exhibitor as against possible rights acquired by third parties. According to Articles 4bis and 6, for foreigners, the application for a patent or the registration of a trademark shall be determined by the member state in accordance with their national law and not by the decision of the country of origin or any other countries. Patent applications and trademark registrations are independent among contracting countries.
After a diplomatic conference in Paris in 1880, the Convention was signed in 1883 by 11 countries: Belgium, France, Italy, the Netherlands, Portugal, El Salvador, Serbia and Switzerland. Guatemala, El Salvador and Serbia reapplied the convention via accession; the Treaty was revised at Brussels, Belgium, on 14 December 1900, at Washington, United States, on 2 June 1911, at The Hague, Netherlands, on 6 November 1925, at London, United Kingdom, on 2 June 1934, at Lisbon, Portugal, on 31 October 1958, at Stockholm, Sweden, on 14 July 1967, was amended on 28 September 1979. As of January 2019, the Convention has 177 contracting member countries, which makes it one of the most adopted treaties worldwide. Notably and Burma are not parties to the Convention. Austria-Hungary Czechoslovakia Orange Free State 1899–31 May 1902 Colony of Queensland Serbia and Montenegro Soviet Union Yugoslavia; the Paris Convention is administered by the World Intellectual Property Organization, based in Geneva, Switzerland.
Agreement on Trade-Related Aspects of Intellectual Property Rights Berne Convention for the Protection of Literary and Artistic Works Budapest Treaty Convention Establishing the World Intellectual Property Organization Patent Cooperation Treaty Patent Law Treaty US provisional patent application Substantive Patent Law Treaty World Intellectual Property Organization Bodenhausen, G. H. C.. Guide to the Application of the Paris Convention for the Protection of Industrial Property As Revised at Stockholm in 1967. United International Bureaux for the Protection of Intellectual Property. ISBN 92-805-0368-5. Retrieved 28 December 2016. Wieczorek, Reinhard. Die Unionspriorität im Grundfragen des Artikels 4 der Pariser Verbandsübereinkunft. Köln: C. Heymanns. ISBN 3-452-17822-6. Paris C
The Directive on Copyright in the Digital Single Market known as the EU Copyright Directive, is a proposed European Union directive intended to ensure "a well-functioning marketplace for the exploitation of works and other subject-matter... taking into account in particular digital and cross-border uses of protected content". It would extend existing European Union copyright law and is a component of the EU's Digital Single Market project; the European Council describes their key goals with the Directive as protecting press publications. The Directive was introduced by the European Parliament Committee on Legal Affairs on 20 June 2018, a revised proposal was approved by the parliament on 12 September 2018; the final version, which resulted from negotiations during formal trilogue meetings, was presented to the parliament on 13 February 2019. The measure was approved by on 26 March 2019; the text of the directive must be discussed by the Council of the European Union on 15 April 2019: if thus approved, member states would have two years to pass appropriate legislation to meet the Directive's requirements, or face infringement proceedings and potential fines by the EU.
Articles 11 and 13 have attracted widespread criticism and controversy from European and American parties. Article 11 known as the "link tax", gives press publishers direct control over re-use of their content by Internet platforms such as online news aggregators. Article 13 known as the "upload filter", requiring websites who host user-generated content to take "effective and proportionate" measures to prevent the unauthorised posting of copyrighted content, or be liable for their users' actions. Industry groups and advocates fear that these specific directives would inhibit online expression by requiring websites to obtain licenses in order to link to news articles and Article 13 would require use of content-matching technologies that cannot identify fair dealing such as parody. A Change.org petition in opposition to the directive has gathered more than five million signatures as of 21 March 2019—the most in the history of that website. Initial supporters of the directive—for the most part, media groups and large publishers—reject these arguments, with claims that a "disinformation" and "astroturfing" campaign was carried out by big Internet platforms.
However, these media groups and publishers have had much greater contact between their lobbyists and MEPs than has the technology industry. A group of major international media and music rights-holders supported the proposal, but flipped to opposing it after it was finalised; the International Federation of Journalists calls the current version "bad for journalism". David Kaye, the United Nations special rapporteur on freedom of opinion and expression warns that the directive might harm freedom of expression in Europe. Public protests against the directive have seen tens to hundreds of thousands of people marching in the streets of cities in Germany and across Europe; the European Union's first attempt to unify copyrights in light of digital technologies was adopted in 2001 as the Copyright Directive 2001/29/EC. The Directive's major objectives were to harmonise EU legislation with international law, to strengthen intellectual property protection, to reduce conflicts in copyright laws between member states, to assure adequate remuneration to content producers.
While some parts of the 2001 Directive were effective, other parts of the directive were not satisfactory for the current digital market long after its implementation. In 2012, the European Commission announced that they would be reviewing the 2001 Directive and having stakeholder discussions in light of several issues raised with failed copyright proposals from those in the European Commissioner for Internal Market and Services position; the EC took public comments from December 2013 through March 2014, published its first report on the state of the EU copyright law in July 2014. In 2014, Jean-Claude Juncker was elected to the presidency of the European Commission and took office in November 2014. In his campaign position, Juncker saw the potential to "improve" the EU's financial status by harmonising the various digital marketplaces among member nations to create job opportunities and drive a knowledge-based society. Juncker appointed Estonian politician, Andrus Ansip, as Vice-President for the Digital Single Market within the EC that year, tasked with working with Günther Oettinger, European Commissioner for Digital Economy and Society, other sections within the EC to come up with the necessary legislative steps that would be required to implement a Digital Single Market.
Initial plans for the legislative steps and their potential impact were announced by the EC in May 2015. Ansip stated that by the implementation of a Digital Single Market, they could increase the European gross domestic product by as much as €415 billion per year; the European Parliament, following up on a report on the state of European Copyright from a member of the European Parliament, Julia Reda, that identified several inadequacies of the 2001 Copyright Directive, affirmed support for the EC's goal of a Digital Single Market as well as supporting an initiative with the EP for similar copyright reform. The EC subsequently began working on establishing the legal framework by the end of 2015; the first draft of the proposed Dir
The Berne Convention for the Protection of Literary and Artistic Works known as the Berne Convention, is an international agreement governing copyright, first accepted in Berne, Switzerland, in 1886. The Berne Convention formally mandated several aspects of modern copyright law, it enforces a requirement that countries recognize copyrights held by the citizens of all other parties to the convention. The Berne Convention requires its parties to treat the copyright of works of authors from other parties to the convention at least as well as those of its own nationals. For example, French copyright law applies to anything published or performed in France, regardless of where it was created. In addition to establishing a system of equal treatment that harmonised copyright amongst parties, the agreement required member states to provide strong minimum standards for copyright law. Copyright under the Berne Convention must be automatic. However, when the United States joined the Convention on 1 March 1989, it continued to make statutory damages and attorney's fees only available for registered works.
However, in Moberg v Leygues, a 2009 decision of a Delaware Federal District Court, decided that the protections of the Berne Convention are supposed to be "frictionless," meaning no registration requirements can be imposed on a work from a different Berne member country. This means Berne member countries can require works originating in their own country to be registered and/or deposited, but cannot require these formalities of works from other Berne member countries. Under Article 3, the protection of the Convention applies to nationals and residents of countries that are party to the convention, to works first published or published in a country, party to the convention. Under Article 4, it applies to cinematic works by persons who have their headquarters or habitual residence in a party country, to architectural works situated in a party country; the Convention relies on the concept of "country of origin". Determining the country of origin is straightforward: when a work is published in a party country and nowhere else, this is the country of origin.
However, under Article 5, when a work is published in several party countries, the country with the shortest term of protection is defined as the country of origin. For works published in a party country and one or more non-parties, the party country is the country of origin. For unpublished works or works first published in a non-party country, the author's nationality provides the country of origin, if a national of a party country. In the Internet age, unrestricted publication online may be considered publication in every sufficiently internet-connected jurisdiction in the world, it is not clear what this may mean for determining "country of origin". In Kernel v. Mosley, a U. S. court "concluded that a work created outside of the United States, uploaded in Australia and owned by a company registered in Finland was nonetheless a U. S. work by virtue of its being published online". However other U. S. courts in similar situations have reached different conclusions, e.g. Håkan Moberg v. 33T LLC.
The matter of determining the country of origin for digital publication remains a topic of controversy among law academics as well. The Berne Convention states that all works except photographic and cinematographic shall be copyrighted for at least 50 years after the author's death, but parties are free to provide longer terms, as the European Union did with the 1993 Directive on harmonising the term of copyright protection. For photography, the Berne Convention sets a minimum term of 25 years from the year the photograph was created, for cinematography the minimum is 50 years after first showing, or 50 years after creation if it hasn't been shown within 50 years after the creation. Countries under the older revisions of the treaty may choose to provide their own protection terms, certain types of works may be provided shorter terms. If the author is unknown, because for example the author was deliberately anonymous or worked under a pseudonym, the Convention provides for a term of 50 years after publication.
However, if the identity of the author becomes known, the copyright term for known authors applies. Although the Berne Convention states that the copyright law of the country where copyright is claimed shall be applied, Article 7 states that "unless the legislation of that country otherwise provides, the term shall not exceed the term fixed in the country of origin of the work", i.e. an author is not entitled a longer copyright abroad than at home if the laws abroad give a longer term. This is known as "the rule of the shorter term". Not all countries have accepted this rule; as to works, protection must include "every production in the literary and artistic domain, whatever the mode or form of its expression". Subject to certain allowed reservations, limitations or exceptions, the following are among the rights that must be recognized as exclusive rights of authorization: the right to translate, the right to make adaptations and arrangements of the work, the right t
Intellectual property is a category of property that includes intangible creations of the human intellect. Intellectual property encompasses two types of rights, it was not until the 19th century that the term "intellectual property" began to be used, not until the late 20th century that it became commonplace in the majority of the world. The main purpose of intellectual property law is to encourage the creation of a large variety of intellectual goods. To achieve this, the law gives people and businesses property rights to the information and intellectual goods they create – for a limited period of time; this gives economic incentive for their creation, because it allows people to profit from the information and intellectual goods they create. These economic incentives are expected to stimulate innovation and contribute to the technological progress of countries, which depends on the extent of protection granted to innovators; the intangible nature of intellectual property presents difficulties when compared with traditional property like land or goods.
Unlike traditional property, intellectual property is "indivisible" – an unlimited number of people can "consume" an intellectual good without it being depleted. Additionally, investments in intellectual goods suffer from problems of appropriation – a landowner can surround their land with a robust fence and hire armed guards to protect it, but a producer of information or an intellectual good can do little to stop their first buyer from replicating it and selling it at a lower price. Balancing rights so that they are strong enough to encourage the creation of intellectual goods but not so strong that they prevent the goods' wide use is the primary focus of modern intellectual property law; the Statute of Monopolies and the British Statute of Anne are seen as the origins of patent law and copyright firmly establishing the concept of intellectual property. "Literary property" was the term predominantly used in the British legal debates of the 1760s and 1770s over the extent to which authors and publishers of works had rights deriving from the common law of property.
The first known use of the term intellectual property dates to this time, when a piece published in the Monthly Review in 1769 used the phrase. The first clear example of modern usage goes back as early as 1808, when it was used as a heading title in a collection of essays; the German equivalent was used with the founding of the North German Confederation whose constitution granted legislative power over the protection of intellectual property to the confederation. When the administrative secretariats established by the Paris Convention and the Berne Convention merged in 1893, they located in Berne, adopted the term intellectual property in their new combined title, the United International Bureaux for the Protection of Intellectual Property; the organization subsequently relocated to Geneva in 1960, was succeeded in 1967 with the establishment of the World Intellectual Property Organization by treaty as an agency of the United Nations. According to legal scholar Mark Lemley, it was only at this point that the term began to be used in the United States, it did not enter popular usage there until passage of the Bayh-Dole Act in 1980.
"The history of patents does not begin with inventions, but rather with royal grants by Queen Elizabeth I for monopoly privileges... 200 years after the end of Elizabeth's reign, however, a patent represents a legal right obtained by an inventor providing for exclusive control over the production and sale of his mechanical or scientific invention... the evolution of patents from royal prerogative to common-law doctrine." The term can be found used in an October 1845 Massachusetts Circuit Court ruling in the patent case Davoll et al. v. Brown. In which Justice Charles L. Woodbury wrote that "only in this way can we protect intellectual property, the labors of the mind and interests are as much a man's own...as the wheat he cultivates, or the flocks he rears." The statement that "discoveries are..property" goes back earlier. Section 1 of the French law of 1791 stated, "All new discoveries are the property of the author. In Europe, French author A. Nion mentioned propriété intellectuelle in his Droits civils des auteurs, artistes et inventeurs, published in 1846.
Until the purpose of intellectual property law was to give as little protection as possible in order to encourage innovation. Therefore, they were granted only when they were necessary to encourage invention, limited in time and scope; this is as a result of knowledge being traditionally viewed as a public good, in order to allow its extensive dissemination and improvement thereof. The concept's origins can be traced back further. Jewish law includes several considerations whose effects are similar to those of modern intellectual property laws, though the notion of intellectual creations as property does not seem to exist – notably the principle of Hasagat Ge'vul was used to justify limited-term publisher copyright in the 16th century. In 500 BCE, the government of the Greek state of Sybaris offered one year's patent "to all who should discover any new refinement in luxury". According to Jean-Frédéric Morin, "the global inte
The European patent with unitary effect, more known as the unitary patent, is a new type of European patent in advanced stage of adoption which would be valid in participating member states of the European Union. Unitary effect can be registered for a European patent upon grant, replacing validation of the European patent in the individual countries concerned; the unitary effect means a single renewal fee, a single ownership, a single object of property, a single court and uniform protection—which means that revocation as well as infringement proceedings are to be decided for the unitary patent as a whole rather than for each country individually. Licensing is however to remain possible for part of the unitary territory. On 17 December 2012, agreement was reached between the European Council and European Parliament on the two EU regulations that made the unitary patent possible through enhanced cooperation at EU level; the legality of the two regulations was challenged by Spain and Italy, but all their claims were rejected by the European Court of Justice.
Italy subsequently joined the unitary patent regulation in September 2015, so that all EU member states except Spain and Croatia now participate in the enhanced cooperation for a unitary patent. Unitary effect of newly granted European patents can be requested from the date when the related Unified Patent Court Agreement enters into force for the first group of ratifiers, will extend to those participating member states for which the UPC Agreement had entered into force at the time of registration of the unitary patent. Granted unitary patents will not automatically get their unitary effect extended to the territory of participating states which ratify the UPC agreement at a date; the negotiations which resulted in the unitary patent can be traced back to various initiatives dating to the 1970s. At different times, the project, or similar projects, have been referred to as the "European Union patent", "EU patent", "Community patent", "European Community Patent", "EC patent" and "COMPAT". By not requiring translations into a language of each contracting state, by requiring the payment of only a single renewal fee for the group of contracting states, the unitary patent aims to be cheaper than European patents.
Instead, unitary patents will be accepted in English, French, or German with no further translation required after grant. Machine translations will be provided, but will be, in the words of the regulation, "for information purposes only and should not have any legal effect"; the maintenance fees, with a single fee for the whole area, are expected to be lower compared to renewal fees for the whole area but the fees have yet to be announced. The proposed unitary patent will be a particular type of European patent, granted under the European Patent Convention. A European patent, once granted, becomes a "bundle of nationally enforceable patents", in the states which are designated by the applicant, the unitary effect would create a single enforceable region in a subgroup of those 38 states, which may coexist with nationally enforceable patents in the remaining states. "Classical", non-unitary European patents hold for single countries and require the filing of a translation in some contracting states, in accordance with Article 65 EPC.
January 18, 2019, Kluwer Patent Blog wrote, "a recurring theme for some years has been that ‘the UPC will start next year’". Brexit and German constitutional court challenge by Dr Stjerna were considered as the main objects; the decision is expected early 2019. If Germany can ratify the UPC Agreement, only one other country must do it, expected to happen soon, for the provisional application phase to start, it was considered that Brexit will be postponed, thus allowing the UK participate in the unitary patent. The UK ratified the agreement in April 2018 and intends to remain in the UPC after Brexit. Therefore, it seemed possible that the start would be late 2019 and more in 2020. In 2009, three draft documents were published regarding a community patent: a European patent in which the European Community was designated: Council regulation on the community patent, Agreement on the European and Community Patents Court Decision to open negotiations regarding this AgreementBased on those documents, the European Council requested on 6 July 2009 an opinion from the Court of Justice of the European Union, regarding the compatibility of the envisioned Agreement with EU law: "‘Is the envisaged agreement creating a Unified Patent Litigation System compatible with the provisions of the Treaty establishing the European Community?’"In December 2010, the use of the enhanced co-operation procedure, under which Articles 326–334 of the Treaty on the Functioning of the European Union provides that a group of member states of the European Union can choose to co-operate on a specific topic, was proposed by twelve Member States to set up a unitary patent applicable in all participating European Union Member States.
The use of this procedure had only been used once in the past, for harmonising rules regarding the applicable law in divorce across several EU Member States. In early 2011, the procedure leading to the enhanced co-operation was reported to be progressing. Twenty-five Member States had written to the European Commission requesting to participate, with Spain and Italy remaining outside on the basis of ongoing concerns over translation issues. On 15 February, the European Parliament approved the use of the enhanced co-opera
A trademark, trade mark, or trade-mark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are called service marks. The trademark owner can be business organization, or any legal entity. A trademark may be located on a label, a voucher, or on the product itself. For the sake of corporate identity, trademarks are displayed on company buildings; the first legislative act concerning trademarks was passed in 1266 under the reign of Henry III, requiring all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in the late 19th century. In France the first comprehensive trademark system in the world was passed into law in 1857; the Trade Marks Act 1938 of the United Kingdom changed the system, permitting registration based on "intent-to-use”, creating an examination based process, creating an application publication system. The 1938 Act, which served as a model for similar legislation elsewhere, contained other novel concepts such as "associated trademarks", a consent to use system, a defensive mark system, non claiming right system.
The symbols ™ and ® can be used to indicate trademarks. A trademark identifies the brand owner of a particular service. Trademarks can be used by others under licensing agreements; the unauthorized usage of trademarks by producing and trading counterfeit consumer goods is known as brand piracy. The owner of a trademark may pursue legal action against trademark infringement. Most countries require formal registration of a trademark as a precondition for pursuing this type of action; the United States and other countries recognize common law trademark rights, which means action can be taken to protect an unregistered trademark if it is in use. Still, common law trademarks offer the holder, in general, less legal protection than registered trademarks. A trademark may be designated by the following symbols: ™ ℠ ® A trademark is a name, phrase, symbol, image, or a combination of these elements. There is a range of non-conventional trademarks comprising marks which do not fall into these standard categories, such as those based on colour, smell, or sound.
Trademarks which are considered offensive are rejected according to a nation's trademark law. The term trademark is used informally to refer to any distinguishing attribute by which an individual is identified, such as the well-known characteristics of celebrities; when a trademark is used in relation to services rather than products, it may sometimes be called a service mark in the United States. The essential function of a trademark is to identify the commercial source or origin of products or services, so a trademark, properly called, indicates source or serves as a badge of origin. In other words, trademarks serve to identify a particular business as the source of goods or services; the use of a trademark in this way is known as trademark use. Certain exclusive rights attach to a registered mark. Trademark rights arise out of the use of, or to maintain exclusive rights over, that sign in relation to certain products or services, assuming there are no other trademark objections. Different goods and services have been classified by the International Classification of Goods and Services into 45 Trademark Classes.
The idea behind this system is to specify and limit the extension of the intellectual property right by determining which goods or services are covered by the mark, to unify classification systems around the world. In trademark treatises it is reported that blacksmiths who made swords in the Roman Empire are thought of as being the first users of trademarks. Other notable trademarks that have been used for a long time include Löwenbräu, which claims use of its lion mark since 1383; the first trademark legislation was passed by the Parliament of England under the reign of King Henry III in 1266, which required all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in the late 19th century. In France the first comprehensive trademark system in the world was passed into law in 1857 with the "Manufacture and Goods Mark Act". In Britain, the Merchandise Marks Act 1862 made it a criminal offence to imitate another's trade mark'with intent to defraud or to enable another to defraud'.
In 1875, the Trade Marks Registration Act was passed which allowed formal registration of trade marks at the UK Patent Office for the first time. Registration was considered to comprise prima facie evidence of ownership of a trade mark and registration of marks began on 1 January 1876; the 1875 Act defined a registrable trade mark as'a device, or mark, or name of an individual or firm printed in some particular and distinctive manner. In the United States, Congress first atte
The European Union is a political and economic union of 28 member states that are located in Europe. It has an area of an estimated population of about 513 million; the EU has developed an internal single market through a standardised system of laws that apply in all member states in those matters, only those matters, where members have agreed to act as one. EU policies aim to ensure the free movement of people, goods and capital within the internal market, enact legislation in justice and home affairs and maintain common policies on trade, agriculture and regional development. For travel within the Schengen Area, passport controls have been abolished. A monetary union was established in 1999 and came into full force in 2002 and is composed of 19 EU member states which use the euro currency; the EU and European citizenship were established when the Maastricht Treaty came into force in 1993. The EU traces its origins to the European Coal and Steel Community and the European Economic Community, established by the 1951 Treaty of Paris and 1957 Treaty of Rome.
The original members of what came to be known as the European Communities were the Inner Six: Belgium, Italy, the Netherlands, West Germany. The Communities and its successors have grown in size by the accession of new member states and in power by the addition of policy areas to its remit; the latest major amendment to the constitutional basis of the EU, the Treaty of Lisbon, came into force in 2009. While no member state has left the EU or its antecedent organisations, the United Kingdom signified the intention to leave after a membership referendum in June 2016 and is negotiating its withdrawal. Covering 7.3% of the world population, the EU in 2017 generated a nominal gross domestic product of 19.670 trillion US dollars, constituting 24.6% of global nominal GDP. Additionally, all 28 EU countries have a high Human Development Index, according to the United Nations Development Programme. In 2012, the EU was awarded the Nobel Peace Prize. Through the Common Foreign and Security Policy, the EU has developed a role in external relations and defence.
The union maintains permanent diplomatic missions throughout the world and represents itself at the United Nations, the World Trade Organization, the G7 and the G20. Because of its global influence, the European Union has been described as an emerging superpower. During the centuries following the fall of Rome in 476, several European States viewed themselves as translatio imperii of the defunct Roman Empire: the Frankish Empire and the Holy Roman Empire were thereby attempts to resurrect Rome in the West; this political philosophy of a supra-national rule over the continent, similar to the example of the ancient Roman Empire, resulted in the early Middle Ages in the concept of a renovatio imperii, either in the forms of the Reichsidee or the religiously inspired Imperium Christianum. Medieval Christendom and the political power of the Papacy are cited as conducive to European integration and unity. In the oriental parts of the continent, the Russian Tsardom, the Empire, declared Moscow to be Third Rome and inheritor of the Eastern tradition after the fall of Constantinople in 1453.
The gap between Greek East and Latin West had been widened by the political scission of the Roman Empire in the 4th century and the Great Schism of 1054. Pan-European political thought emerged during the 19th century, inspired by the liberal ideas of the French and American Revolutions after the demise of Napoléon's Empire. In the decades following the outcomes of the Congress of Vienna, ideals of European unity flourished across the continent in the writings of Wojciech Jastrzębowski, Giuseppe Mazzini or Theodore de Korwin Szymanowski; the term United States of Europe was used at that time by Victor Hugo during a speech at the International Peace Congress held in Paris in 1849: A day will come when all nations on our continent will form a European brotherhood... A day will come when we shall see... the United States of America and the United States of Europe face to face, reaching out for each other across the seas. During the interwar period, the consciousness that national markets in Europe were interdependent though confrontational, along with the observation of a larger and growing US market on the other side of the ocean, nourished the urge for the economic integration of the continent.
In 1920, advocating the creation of a European economic union, British economist John Maynard Keynes wrote that "a Free Trade Union should be established... to impose no protectionist tariffs whatever against the produce of other members of the Union." During the same decade, Richard von Coudenhove-Kalergi, one of the first to imagine of a modern political union of Europe, founded the Pan-Europa Movement. His ideas influenced his contemporaries, among which Prime Minister of France Aristide Briand. In 1929, the latter gave a speech in favour of a European Union before the assembly of the League of Nations, precursor of the United Nations. In a radio address in March 1943, with war still raging, Britain's leader Sir Winston Churchill spoke warmly of "restoring the true greatness of Europe" once victory had been achieved, mused on the post-war creation of a "Council of Europe" which would bring the European nations together to build peace. After World War II, European integration was seen as an antidote to the extreme nationalism which had devastated the continent.
In a speech delivered on 19