General Introduction to Intellectual
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”
Intellectual Property Law
Copyright and Related Rights
Rights Related to Copyright
Collective Management of
Forms of Intellectual Property Law Protection
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.
Patent Cooperation Treaty ("PCT")
* 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
A trademark is a distinctive sign which identifies
certain goods or services as those produced or provided by a
specific person or enterprise.
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
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.
The Hague Agreement Concerning the
International Deposit of Industrial
* 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:
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
Example: "Tuscany" for olive oil produced in a specific area of Italy or
"Roquefort" for cheese produced in France
* WIPO is in charge of the administration of a number of international
agreements which deal partly or entirely with the protection of
* E.g. - the Paris Convention for the Protection of Industrial
- the Lisbon Agreement for the Protection of
Appellations of Origin and Their International
* Standing Committee on the Law of Trademarks, Industrial Designs
and Geographical Indications explores new ways of enhancing the
international protection of geographical indications.
- protected information which is not generally known among, or readily
accessible to, persons that normally deal with the kind of information in
- 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.
RIGHTS RELATED TO COPYRIGHT
- performing artists (such as actors and musicians) in their
- producers of sound recordings (for example, cassette recordings
and compact discs) in their recordings;
- broadcasting organizations in their radio and television programs.
COLLECTIVE MANAGEMENT OF
Collective management is the exercise of copyright and
related rights by organizations acting in the interest and on behalf
of the owners of rights.
* 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
Patent - Camera
Trademark - Nikon
Industrial Design - design
Copyright - black and
What IP Rights are applicable in this picture?
- 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)
EMERGING IP ISSUES
Traditional Creativity and Cultural Expressions Section
Traditional Knowledge Division