General Introduction to Intellectual
Property Law
Intellectual Property Law
What is Intellectual Property (IP)?
“creations of the mind: inventions, literary and
artistic wo...
Intellectual Property Law
Industrial Property
Inventions (Patents)
Trademarks
Industrial Designs
Geographical Indications
...
What is a patent?
A patent is an exclusive right
granted for an invention, which is
a product or a process that
provides a...
Patent Cooperation Treaty ("PCT")
(1970)
* patent protection for an invention simultaneously in each of a large
number of ...
TRADEMARK™
A trademark is a distinctive sign which identifies
certain goods or services as those produced or provided by a...
Madrid System for the International
Registration of Marks
* governed by two treaties:
- the Madrid Agreement Concerning th...
INDUSTRIAL DESIGN
An industrial design is the ornamental or
aesthetic aspect of an article. The design may consist
of thre...
The Hague Agreement Concerning the
International Deposit of Industrial
Designs
* signed on November 6, 1925, and since rev...
GEOGRAPHICAL INDICATIONS
A sign used on goods that have a specific geographical origin and
possess qualities or a reputati...
* WIPO is in charge of the administration of a number of international
agreements which deal partly or entirely with the p...
- protected information which is not generally known among, or readily
accessible to, persons that normally deal with the ...
COPYRIGHT ©
Rights given to creators for their literary and artistic
works
Examples: literary works such as novels, poems,...
RIGHTS RELATED TO COPYRIGHT
- performing artists (such as actors and musicians) in their
performances;
- producers of soun...
COLLECTIVE MANAGEMENT OF
COPYRIGHT
Collective management is the exercise of copyright and
related rights by organizations ...
* Berne Convention for the Protection of Literary and Artistic Works
* Brussels Convention Relating to the Distribution of...
Patent -	 Camera
Trademark -	 Nikon
Industrial Design -	 design
of camera
Copyright -	 black and
white photograph
What IP ...
-	 IP plays an important role in an increasingly broad range of areas,
ranging from the Internet to health care to nearly ...
Thank You
http://www.wipo.int
Susanna Chung
Consultant
Traditional Creativity and Cultural Expressions Section
Traditional...
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Fellowship Presentation 2003 Ip

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Fellowship Presentation 2003 Ip

  1. 1. General Introduction to Intellectual Property Law
  2. 2. Intellectual Property Law What is Intellectual Property (IP)? “creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce”
  3. 3. Intellectual Property Law Industrial Property Inventions (Patents) Trademarks Industrial Designs Geographical Indications Copyright and Related Rights Copyright Rights Related to Copyright Collective Management of Copyright Forms of Intellectual Property Law Protection
  4. 4. What is a patent? A patent is an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem.
  5. 5. Patent Cooperation Treaty ("PCT") (1970) * patent protection for an invention simultaneously in each of a large number of countries by filing an "international" patent application. * filed by anyone who is a national or resident of a contracting State. * filed with the national patent office or with the International Bureau of WIPO in Geneva * 122 Contracting Countries
  6. 6. TRADEMARK™ A trademark is a distinctive sign which identifies certain goods or services as those produced or provided by a specific person or enterprise.
  7. 7. Madrid System for the International Registration of Marks * governed by two treaties: - the Madrid Agreement Concerning the International Registration of Marks, and - Protocol Relating to the Madrid Agreement. * System is administered by the International Bureau of the World Intellectual Property Organization (WIPO) * 73 Contracting States
  8. 8. INDUSTRIAL DESIGN An industrial design is the ornamental or aesthetic aspect of an article. The design may consist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or color. An industrial design is primarily of an aesthetic nature, and does not protect any technical features of the article to which it is applied.
  9. 9. The Hague Agreement Concerning the International Deposit of Industrial Designs * signed on November 6, 1925, and since revised in London on June 2, 1934 (1934 Act) and at The Hague on November 28, 1960 (1960 Act) * supplemented in respect of certain provisions on fees by an Additional Act signed in Monaco on November 18, 1961, and in respect of the administrative clauses by a Complementary Act signed in Stockholm on July 14, 1967 (1967 Act) * 34 States are at present party to the Hague Agreement:
  10. 10. GEOGRAPHICAL INDICATIONS A sign used on goods that have a specific geographical origin and possess qualities or a reputation that are due to that place of origin. Agricultural products typically have qualities that derive from their place of production and are influenced by specific local factors, such as climate and soil. Example: "Tuscany" for olive oil produced in a specific area of Italy or "Roquefort" for cheese produced in France
  11. 11. * WIPO is in charge of the administration of a number of international agreements which deal partly or entirely with the protection of geographical indications * E.g. - the Paris Convention for the Protection of Industrial Property - the Lisbon Agreement for the Protection of Appellations of Origin and Their International Registration * Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications explores new ways of enhancing the international protection of geographical indications.
  12. 12. - protected information which is not generally known among, or readily accessible to, persons that normally deal with the kind of information in question, - has commercial value because it is secret, - and has been subject to reasonable steps to keep it secret by the person lawfully in control of the information. Trade Secrets/Undisclosed Information
  13. 13. COPYRIGHT © Rights given to creators for their literary and artistic works Examples: literary works such as novels, poems, plays, reference works, newspapers and computer programs; databases; films, musical compositions, and choreography; artistic works such as paintings, drawings, photographs; architecture; and advertisements, maps and technical drawings
  14. 14. RIGHTS RELATED TO COPYRIGHT - performing artists (such as actors and musicians) in their performances; - producers of sound recordings (for example, cassette recordings and compact discs) in their recordings; - broadcasting organizations in their radio and television programs.
  15. 15. COLLECTIVE MANAGEMENT OF COPYRIGHT Collective management is the exercise of copyright and related rights by organizations acting in the interest and on behalf of the owners of rights.
  16. 16. * Berne Convention for the Protection of Literary and Artistic Works * Brussels Convention Relating to the Distribution of Program- Carrying Signal * Geneva Convention for the Protection of Producers of Phonograms Against * Rome Convention for the Protection of Performers, Producers of Phonogram * WIPO Copyright Treaty (WCT) * WIPO Performances and Phonograms Treaty (WPPT) WIPO Treaties Concerning Copyright and Related Rights
  17. 17. Patent - Camera Trademark - Nikon Industrial Design - design of camera Copyright - black and white photograph What IP Rights are applicable in this picture?
  18. 18. - IP plays an important role in an increasingly broad range of areas, ranging from the Internet to health care to nearly all aspects of science and technology and literature and the arts. - Understanding the role of intellectual property in these areas often requires significant new research and study. •Small and Medium Sized Enterprises (SMEs) •E- commerce •Domain names •Traditional Knowledge EMERGING IP ISSUES
  19. 19. Thank You http://www.wipo.int Susanna Chung Consultant Traditional Creativity and Cultural Expressions Section Traditional Knowledge Division WIPO
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