IPR: Definition, Importance, and Origin
Trade Related Intellectual Property Rights (TRIPS): objective, features, and agreement.
Common types of IPR: patent, trademark, tradesecret,copyright, design registration, a geographical indication.
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Intellectual Property Rights
1.
2. According to the
World Intellectual Property Organization (WIPO) :
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Intellectual Property shall include rights relating to:
1) literary, artistic and scientific works:
2) performances of performing artists, phonograms and broadcasts;
3) inventions in all fields of human behavior;
4) scientific discoveries;
5) industrial designs;
6) trademarks, service marks, and commercial names and designations;
7) protection against unfair competition and all other rights resulting from intellectual
activity in industrial scientific, literary or artistic fields.
3.
4. Protect investment in time, money or other resources used to
create new contribution to technology, commerce and
entertainment.
Foster economic growth.
Provides incentives for technological innovation.
5. Attracts investment that will create new jobs and
opportunities.
Governments encourage Creators to disclose their creations
to the public in order to promote the progress of science and
useful arts which are the engines of development - investors
demand this guarantee.
6. ORIGIN
Started with International Exhibition of Inventions in
Vienna in 1873
Two major conventions:
Paris convention
Berne Convention
7. 1994 Uruguay round - Agreement on Trade-Related Aspects
of Intellectual Property Rights (TRIPs) and Agreement on
Trade Related Investment Measures (TRIMs) by WTO (then
GATT.
1996 - An Agreement between WIPO and the WTO
8.
9. • International legal agreement between all the member nations of WTO.
• Came into effect on 1 January 1995, TRIPS is the most comprehensive
multilateral agreement on intellectual property to date.
• Negotiated at the end of the Uruguay round of GATT and is administered by
the WTO.
• Sets down minimum standards in the form of common set of rules for the
protection of IP globally.
10. • Member countries should design domestic intellectual property
legislations on the basis of the TRIPs provisions.
• Gives set of provisions deals with domestic procedures and
remedies for the enforcement of intellectual property rights.
• TRIPs cover areas for IPRs legislation including patent,
copyright and geographical indications.
• Follows basic principles of non discrimination- national
treatment and MFN.
11. OBJECTIVE:
• Technical innovation and transfer of technology.
• Mutual advantage of producers and users of
technological knowledge.
• Balance of rights and obligations.
13. • It recognizes the rights of members to adopt measures for
1. Public health and other public interest reasons
2. To prevent the abuse of intellectual property rights, provided
that such measures are consistent with the provisions of the
TRIPS Agreement.
15. COPYRIGHTS
Copyright protection shall extend to expressions and not to
ideas, procedures, methods of operations or mathematical
concepts as such.
Computer programs must be protected as literary works
under copyright. It expands copyright rules to cover rental
rights.
The term of protection shall be the life of the author and 50
years after his death.
16. TRADEMARKS
Initial registration, and each renewal of
registration, of a trademark shall be for a
term of not less than seven years.
Service marks must be protected in the same
way as trademarks used for goods.
17. PATENTS
Eligible inventions include both product and
processes.
Must be protected for 20 years.
Plant varieties must be protected by patents.
If a patent is issued for a process invention, then the
rights must extend to the product directly obtained
from the process.
18. INDUSTRIAL DESIGNS
TRIPS obliges members to provide
for protection of independently
created industrial designs.
Original or new industrial designs
must be protected for at least 10
years.
19. GEOGRAPHICAL INDICATION
They are indications which identify a good as originating
in the territory of a Member, or a region or locality in that
territory.
For wines and spirits, the TRIPS Agreement provides
higher levels of protection, i.e. even where there is no
danger of the public being misled.