The term intellectual property rights in the context of open data refers primarily to copyright and related rights, including sui generis forms of protection. The OD Directive does not apply to documents covered by industrial property rights, such as patents and registered designs and trademarks. The Directive neither affects the existence or ownership of intellectual property rights of public sector bodies, nor does it limit the exercise of these rights in any way beyond the boundaries set by this Directive. The obligations imposed in accordance with the OD Directive apply only insofar as they are compatible with international agreements on the protection of intellectual property rights, in particular the Berne Convention for the Protection of Literary and Artistic Works (Berne Convention), the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) and the WIPO Copyright Treaty (WCT). Public sector bodies are expected to exercise their copyright in a way that facilitates re-use.

Source: OD Directive