international relations

1. Intellectual Property Rights

2. Definition…
Intellectual property refers to creations of the
mind: inventions; literary and artistic works;
and symbols, names and images used in
commerce.
Intellectual property is divided into two
categories:
 Industrial Property
 Copy Right

3.  Industrial Property includes patent for
inventions, trademarks, industrial designs and
geographical indications.
 Copyright covers literary works (such as novels,
poems and plays), films, music, artistic works (e.g.,
drawings, paintings, photographs and sculptures)
and architectural design.
Rights related to copyright include those of
performing artists in their performances, producers of
phonograms in their recordings, and broadcasters in
their radio and television programs.

4. What are Intellectual
Property Rights?
Intellectual property rights are like any other
property right. They allow creators, or owners, of
patents, trademarks or copyrighted works to benefit
from their own work or investment in a creation.
These rights are outlined in Article 27 of the
Universal Declaration of Human Rights, which
provides for the right to benefit from the
protection of moral and material interests
resulting from authorship of scientific, literary or
artistic productions.

5. The importance of intellectual property
was first recognized in the Paris
Convention for the Protection of
Industrial Property (1883) and the Berne
Convention for the Protection of Literary
and Artistic Works (1886).
Both treaties are administered by the
World Intellectual Property Organization
(WIPO).

6. Types of Intellectual Property
Rights
There are four main types of intellectual property
rights:
 Patents
 Trade Marks
 Copyright
 Design Registration

7.  Patents
Patents are used to protect new product, process,
apparatus, and uses providing the invention is not
obvious in light of what has been done before, is
not in the public domain, and has not been
disclosed anywhere in the world at the time of the
application.
The invention must have a practical purpose. Patents
are registrable nationally; the patent granted by
European Patent Office is a “bundle” of national
patents.

8. No EU-wide single patent system exists to date,
although the Community Patent is in the final
stages of enactment.
Registration provides a patentee the right to prevent
anyone making, using, selling, or importing the
invention for 20 years. Patents are enforced by
court proceedings.
In addition, the Regulation on Supplementary
Protection Certificates (SPCs), grants “patent
extensions” of up to 5 years to pharmaceutical and
plant products, providing as much as 25 years of
patent life for originator medicines.

9.  Trade Marks
A symbol (logo, words, shapes, a celebrity name, jingles)
used to provide a product or service with a recognizable
identity to distinguish it from competing products. Trade
marks protect the distinctive components which make up
the marketing identity of a brand, including
pharmaceuticals. They can be registered nationally or
internationally, enabling the use of the symbol .
Trade mark rights are enforced by court proceedings in which
injunctions and/or damages are available.
In counterfeiting cases, authorities such as Customs, the police,
or consumer protection can assist. An unregistered trade
mark is followed by the letters. This is enforced in court if a
competitor uses the same or similar name to trade in the
same or a similar field.

10.  Copyright
Copyright is used to protect original creative works,
published editions, sound recordings, films and
broadcasts. It exists independently of the recording
medium, so buying a copy does not confer the right
to copy. Limited copying (photocopying, scanning,
downloading) without permission is possible, e.g.
for research. Publication of excerpts or quotes needs
acknowledgement. An idea cannot be copyrighted,
just the expression of it. Nor does copyright exist for
a title, slogan or phrase, although these may be
registered as a trade mark.

11.  Copyright
Copyright applies to the Internet with web pages protected
by many different copyrights, so that permission should be
asked to copy or print a page, or insert a hyperlink to it.
Material cannot be posted on a Web site (Intranet
included) without permission from the copyright holder.
Copyright is not registrable because it arises automatically
on creation.
Copyright is protected in the EU for 70 years after the
author’s death for creative works, 50 years for broadcasts,
etc and 20 years for published editions.
Use of © is not required in most of Europe. Copyright is
enforced by court proceedings.

12.  Design Registration
Design Registrations are used to protect products
distinguished by their novel shape or pattern. They
are available for one-off items. The design itself
must be new, although a 1 year grace period is
allowed for test-marketing.
Registration is not possible where the new form is
dictated by function. The design is registrable either
nationally or under an EU-wide single right. It can
also be protected by copyright.

13. Why promote and protect
intellectual property?
There are several compelling reasons.
First, the progress and well-being of humanity rest on
its capacity to create and invent new works in the areas
of technology and culture.
Second, the legal protection of new creations encourages
the commitment of additional resources for further
innovation.
Third, the promotion and protection of intellectual
property spurs economic growth, creates new jobs and
industries, and enhances the quality and enjoyment of
life.

14. An efficient and equitable intellectual
property system can help all countries to
realize intellectual property’s potential as a
catalyst for economic development and
social and cultural well-being.
The intellectual property system helps strike a
balance between the interests of innovators
and the public interest, providing an
environment in which creativity and invention
can flourish, for the benefit of all

15. How does the average
person benefit?
Intellectual property rights reward creativity and
human endeavor, which fuel the progress of
humankind.
Some examples:
The multibillion dollar film, recording, publishing
and software industries – which bring pleasure to
millions of people worldwide – would not exist
without copyright protection.

16. Without the rewards provided by the patent
system, researchers and inventors would have
little incentive to continue producing better
and more efficient products for consumers.
Consumers would have no means to
confidently buy products or services without
reliable, international trademark protection
and enforcement mechanisms to discourage
counterfeiting and piracy

17. Why Are Intellectual Property
Rights Important?
The current global economic crisis is focusing renewed
attention on the urgent need to incentivize and protect
innovation to both solve the world’s most challenging
problems and to generate jobs and economic growth.
Intellectual Property (IP), which refers to everything
from inventions to the creative arts, drives innovation
and improves our lives—generating life saving devices
and medicines, discovering new energy and climate-
saving technologies, finding novel ways to create and
deliver information, and generating consumer goods of
all types.

18. IP-intensive industries employ over 18 million
Americans, and many of them are in higher-
paying jobs and faster-growing fields.
Indeed, the nation’s—and the world’s—future
economy will be in industries that rely on
innovation and strong IP rights.
Some specific arguments and facts about the
importance of fostering effective protection of
IP, in particular patent, trademark, and
copyright protection and enforcement are:

19.  Intellectual Property Creates and Supports High-Paying Jobs
 Intellectual Property Drives Economic Growth and
Competitiveness
 Strong and Enforced Intellectual Property Rights Protect
Consumers and Families
 Intellectual Property Helps Generate Breakthrough Solutions to
Global Challenges
 Intellectual Property Rights Encourage Innovation and Reward
Entrepreneurs