The document discusses intellectual property rights and international organizations related to intellectual property. It describes the key US and international agencies responsible for intellectual property registration, including the US Patent and Trademark Office and the World Intellectual Property Organization. It also summarizes several important international treaties regarding intellectual property law, such as the Berne Convention, the Madrid Protocol, and the Agreement on Trade-Related Aspects of Intellectual Property. Finally, it discusses the importance of intellectual property rights protection in the modern global economy.
This document discusses intellectual property rights, specifically trademarks. It defines trademarks and their purpose of distinguishing products and services. It outlines the acquisition of trademark rights through use and registration. It describes the types of marks including trademarks, service marks, certification marks, and collective marks. It discusses federal registration and the advantages it provides over common law rights. Finally, it reviews laws and treaties governing trademarks, amendments to trademark laws, and categories of protectable marks.
This document summarizes protectable and non-protectable matters for trademarks. It discusses 11 categories of protectable trademarks including slogans, logos, domain names, and color. It also outlines 12 exclusions from trademark protection such as disparaging marks, functional devices, descriptive marks, and geographical indications. The document was presented by Dr. B.Rajalingam on intellectual property rights and trademarks.
International intellectual property organizations work to standardize and promote intellectual property laws globally. The main organizations discussed are WIPO, which administers international IP treaties and provides global IP services; INTA, which focuses on trademark education and advocacy; WTO, which oversees global trade agreements and disputes; EPO, which examines and grants European patents; and UIIB, the predecessor to WIPO. These organizations help facilitate international trade and innovation by reducing barriers around IP rights.
This document summarizes the process for selecting and evaluating trademarks. It discusses how companies typically select potential trademarks through contests, branding firms, or software. It then explains that once a mark is selected, it should be carefully reviewed to ensure it is eligible for trademark protection and not confusingly similar to existing marks. A preliminary search of trademark databases and a full comprehensive search incorporating additional sources is recommended to analyze any conflicts. The results are then evaluated and a formal report is provided to the client outlining any issues and availability of the proposed mark for use.
The document discusses trade secret law and provides an overview of key concepts. It defines what constitutes a trade secret, the requirements for information to qualify for trade secret protection, and how trade secrets are protected under common law principles and the Uniform Trade Secrets Act. It also describes how trade secret protection interacts with copyright and patent law, noting that information cannot be protected indefinitely under both trade secret and patent law. Finally, it briefly discusses contractual agreements used to protect confidential information.
The World Intellectual Property Organization (WIPO) is a specialized UN agency dedicated to developing an accessible international IP system. It was established in 1967 and is headquartered in Geneva, Switzerland. WIPO promotes the protection of IP including copyrights, patents, trademarks, and industrial designs. It works to establish international IP laws and provides global registration and protection services for IP. Its goals include facilitating the use of IP for development and building cooperation and understanding of IP worldwide.
WTO was born on 1st January 1995 with main objective to improve the welfare of people of member countries.
Its main function is to ensure that trade flows as smoothly, predictably & freely as possible.
The document discusses the evolution of intellectual property rights from ancient times to modern times. It provides an overview of key IP laws and treaties in India and compares India's IP system to China's. It also summarizes IP filing statistics globally and in India. Academia's role and challenges in promoting IP awareness are also briefly covered.
This document discusses intellectual property rights, specifically trademarks. It defines trademarks and their purpose of distinguishing products and services. It outlines the acquisition of trademark rights through use and registration. It describes the types of marks including trademarks, service marks, certification marks, and collective marks. It discusses federal registration and the advantages it provides over common law rights. Finally, it reviews laws and treaties governing trademarks, amendments to trademark laws, and categories of protectable marks.
This document summarizes protectable and non-protectable matters for trademarks. It discusses 11 categories of protectable trademarks including slogans, logos, domain names, and color. It also outlines 12 exclusions from trademark protection such as disparaging marks, functional devices, descriptive marks, and geographical indications. The document was presented by Dr. B.Rajalingam on intellectual property rights and trademarks.
International intellectual property organizations work to standardize and promote intellectual property laws globally. The main organizations discussed are WIPO, which administers international IP treaties and provides global IP services; INTA, which focuses on trademark education and advocacy; WTO, which oversees global trade agreements and disputes; EPO, which examines and grants European patents; and UIIB, the predecessor to WIPO. These organizations help facilitate international trade and innovation by reducing barriers around IP rights.
This document summarizes the process for selecting and evaluating trademarks. It discusses how companies typically select potential trademarks through contests, branding firms, or software. It then explains that once a mark is selected, it should be carefully reviewed to ensure it is eligible for trademark protection and not confusingly similar to existing marks. A preliminary search of trademark databases and a full comprehensive search incorporating additional sources is recommended to analyze any conflicts. The results are then evaluated and a formal report is provided to the client outlining any issues and availability of the proposed mark for use.
The document discusses trade secret law and provides an overview of key concepts. It defines what constitutes a trade secret, the requirements for information to qualify for trade secret protection, and how trade secrets are protected under common law principles and the Uniform Trade Secrets Act. It also describes how trade secret protection interacts with copyright and patent law, noting that information cannot be protected indefinitely under both trade secret and patent law. Finally, it briefly discusses contractual agreements used to protect confidential information.
The World Intellectual Property Organization (WIPO) is a specialized UN agency dedicated to developing an accessible international IP system. It was established in 1967 and is headquartered in Geneva, Switzerland. WIPO promotes the protection of IP including copyrights, patents, trademarks, and industrial designs. It works to establish international IP laws and provides global registration and protection services for IP. Its goals include facilitating the use of IP for development and building cooperation and understanding of IP worldwide.
WTO was born on 1st January 1995 with main objective to improve the welfare of people of member countries.
Its main function is to ensure that trade flows as smoothly, predictably & freely as possible.
The document discusses the evolution of intellectual property rights from ancient times to modern times. It provides an overview of key IP laws and treaties in India and compares India's IP system to China's. It also summarizes IP filing statistics globally and in India. Academia's role and challenges in promoting IP awareness are also briefly covered.
The document discusses new developments in trademark law related to the internet. It describes how the internet has become a major channel of global commerce and how domain names function similarly to trademarks by identifying the source of goods and services. It discusses issues like cybersquatting, where people register domains containing well-known trademarks to misdirect customers. The document outlines legal approaches for trademark holders to protect their brands online, including dilution claims and the Anticybersquatting Consumer Protection Act. It also describes the Uniform Domain Name Dispute Resolution Policy for resolving domain name disputes.
The document summarizes the World Intellectual Property Organization (WIPO). WIPO is a UN agency dedicated to intellectual property protection. It has 187 member states and administers 26 treaties. Francis Gurry is the current Director General. WIPO provides global intellectual property services, sets international IP policy and standards, and facilitates international cooperation on IP issues. It aims to promote creativity and technological innovation for the benefit of all.
This document discusses intellectual property rights related to trade secrets. It covers protection for submissions to private parties and government agencies. Submissions to private parties may involve individuals submitting ideas to companies for marketing. Submissions to government agencies require disclosure of confidential information in bids but protections are in place. The document also outlines defenses to trade secret misappropriation such as lack of secrecy, independent creation, and privilege. Finally, remedies for misappropriation like injunctive relief, money damages, and attorneys' fees are described.
A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks are protected by intellectual property rights.
This document discusses factors considered in determining trade secret status and liability for misappropriation of trade secrets. There are six factors examined: 1) how widely the information is known inside and outside the company, 2) measures taken to maintain secrecy, 3) the information's value, 4) costs to develop it, 5) ease of duplicating it, and 6) its disclosure in employment relationships. Written agreements can establish nondisclosure, nonsolicitation, and noncompete terms to protect company information and inventions.
The document discusses the Patent Cooperation Treaty (PCT) which allows filing a single international patent application to seek patent protection in multiple countries. It describes the key steps in the PCT process including international search, publication, and preliminary examination before entering national patent procedures in designated countries within 30 months of the first patent filing date. The document also provides details on India joining the PCT in 1998 and the advantages it provides for postponing costs and obtaining additional time for patenting decisions.
This document discusses intellectual property audits. It explains that intellectual property audits are conducted to uncover a company's protectable intellectual property, as companies are often unaware of the value of their intellectual property. The document then discusses the practical aspects of conducting an intellectual property audit, including an initial meeting, inspection of documents and assets, and a post-audit report. Finally, it provides a sample intellectual property audit questionnaire to help guide the audit process.
A trademark is a symbol, word or logo that identifies and distinguishes the source and quality of goods or services of one party from those of others. It can be a word, name, device, packaging label or combination of colors. Famous examples are Coca Cola and Pepsi. Any individual or company can apply for a trademark which is valid for 10 years and renewable. The key functions of a trademark are to identify the source and guarantee the quality of products. Common types include names, logos and images. In India, trademarks are registered by the Controller General of Patents, Designs and Trademarks under the Trademark Act of 1999. The registration process involves filing an application containing the logo, applicant details and
This document discusses a patenting case study on Basmati rice. It provides background on intellectual property and intellectual property rights. It then discusses the specifics of the case where an American company, RiceTec Inc., was granted a patent by the US patent office to call aromatic rice grown outside of India "Basmati." India objected to this patent, as Basmati rice is traditionally grown in India and Pakistan. The document outlines the details of the case between India and RiceTec Inc. over the Basmati rice patent. Ultimately, RiceTec Inc. withdrew 15 of its 20 claims and also withdrew its claim on the name "Basmati" to resolve the dispute.
The document discusses the World Trade Organization (WTO) and intellectual property rights. It provides an overview of the WTO, including that it deals with global trade rules and replaced GATT in 1995. It describes the principles of the WTO as non-discrimination, reciprocity, binding commitments, transparency, and safety valves. It then discusses the TRIPS agreement, which introduced intellectual property into the WTO and requires minimum standards for IP regulation.
This document discusses intellectual property rights. It defines intellectual property as creations of the mind such as inventions, literary works, designs, and symbols. Intellectual property rights enable creators to benefit financially from what they invent or create. The document then describes different types of intellectual property like copyrights, patents, trademarks, industrial designs, and geographical indications. It also discusses the importance of intellectual property rights for supporting jobs, economic growth, consumers, and innovation.
The document discusses geographical indications (GIs), which identify goods as originating from a specific geographical location where a quality, reputation, or characteristic of the good is attributable to its place of origin. GIs protect collective community rights for groups of producers in perpetuity. The document provides examples of agricultural, handicraft, manufactured and natural goods protected by GIs. It also outlines international agreements protecting GIs, the registration process, grounds for infringement, and discusses how Darjeeling tea has successfully protected its GI.
This document provides information about geographical indications (GIs) including definitions, benefits, examples of GIs from India and other countries, and the GI registration process in India. It defines a GI as an indication that originates from a definite geographical territory and is used to identify goods with special characteristics from that territory. Registering a GI provides legal protection and economic benefits to producers. Examples of registered Indian GIs include Basmati rice, Mysore silk, and Darjeeling tea. The registration process in India involves filing an application, examination, opportunities for opposition, and potential renewal of the registration.
WIPO - The World Intellectual Property Organization .Zunair Bhatti
The document provides information about the World Intellectual Property Organization (WIPO). It discusses WIPO's history dating back to 1883, mission to lead development of an effective international intellectual property system, activities like developing communication strategies and managing media relations, purpose of promoting IP protection worldwide and ensuring cooperation among unions, structure including the WIPO president and awards, and membership of 191 states.
The document discusses intellectual property rights, specifically patent searching processes and ownership rights. It provides an overview of the patent application process, including conducting a prior art search, preparing and filing an application, examination by the patent office, and office actions requiring amendments. It also outlines several methods and resources for conducting prior art patent searches, such as using USPTO databases and classifications, commercial search services, and the patent depository libraries.
This document discusses intellectual property rights, specifically trade secrets. It defines a trade secret as confidential business information that provides a competitive advantage. Examples provided include formulas, recipes, and manufacturing techniques. It outlines best practices for maintaining secrecy such as limiting access, using non-disclosure agreements, and marking materials as proprietary. Trade secrets can potentially last indefinitely while providing worldwide protection without registration or fees. However, they can be lost through improper disclosure or discovery through legal reverse engineering. The document contrasts trade secrets with patents and discusses common ways trade secrets are stolen, such as by departing employees.
Copyrights and related rights presentation wipoashutosh3108
The document discusses copyright and intellectual property rights. It covers topics such as what copyright protects, the branches of intellectual property including industrial property and copyright, international agreements like the Berne Convention, economic and moral rights of creators, limitations on those rights including fair use, and the role of organizations like WIPO.
The document discusses intellectual property rights, specifically copyright law. It provides an overview of copyright fundamentals, including that copyright protects original works and arises automatically upon creation. It also outlines copyright ownership issues, registration with the U.S. Copyright Office, international copyright law, and the subject matter that can be copyrighted, such as literary works. The U.S. Copyright Office is described as the division of the Library of Congress that issues copyright registrations and serves as a depository for copyrighted works.
1) The document discusses international intellectual property laws, including developments in trademark, copyright, and patent law.
2) It describes several international agreements and treaties that help standardize IP protections across countries, such as the Madrid Protocol, European Community Trademark, Berne Convention, WIPO Treaties, and TRIPS agreement.
3) Key international organizations that help administer IP law globally are also summarized, including WIPO, INTA, and relations between the US and foreign nations on IP standards.
The document discusses new developments in trademark law related to the internet. It describes how the internet has become a major channel of global commerce and how domain names function similarly to trademarks by identifying the source of goods and services. It discusses issues like cybersquatting, where people register domains containing well-known trademarks to misdirect customers. The document outlines legal approaches for trademark holders to protect their brands online, including dilution claims and the Anticybersquatting Consumer Protection Act. It also describes the Uniform Domain Name Dispute Resolution Policy for resolving domain name disputes.
The document summarizes the World Intellectual Property Organization (WIPO). WIPO is a UN agency dedicated to intellectual property protection. It has 187 member states and administers 26 treaties. Francis Gurry is the current Director General. WIPO provides global intellectual property services, sets international IP policy and standards, and facilitates international cooperation on IP issues. It aims to promote creativity and technological innovation for the benefit of all.
This document discusses intellectual property rights related to trade secrets. It covers protection for submissions to private parties and government agencies. Submissions to private parties may involve individuals submitting ideas to companies for marketing. Submissions to government agencies require disclosure of confidential information in bids but protections are in place. The document also outlines defenses to trade secret misappropriation such as lack of secrecy, independent creation, and privilege. Finally, remedies for misappropriation like injunctive relief, money damages, and attorneys' fees are described.
A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks are protected by intellectual property rights.
This document discusses factors considered in determining trade secret status and liability for misappropriation of trade secrets. There are six factors examined: 1) how widely the information is known inside and outside the company, 2) measures taken to maintain secrecy, 3) the information's value, 4) costs to develop it, 5) ease of duplicating it, and 6) its disclosure in employment relationships. Written agreements can establish nondisclosure, nonsolicitation, and noncompete terms to protect company information and inventions.
The document discusses the Patent Cooperation Treaty (PCT) which allows filing a single international patent application to seek patent protection in multiple countries. It describes the key steps in the PCT process including international search, publication, and preliminary examination before entering national patent procedures in designated countries within 30 months of the first patent filing date. The document also provides details on India joining the PCT in 1998 and the advantages it provides for postponing costs and obtaining additional time for patenting decisions.
This document discusses intellectual property audits. It explains that intellectual property audits are conducted to uncover a company's protectable intellectual property, as companies are often unaware of the value of their intellectual property. The document then discusses the practical aspects of conducting an intellectual property audit, including an initial meeting, inspection of documents and assets, and a post-audit report. Finally, it provides a sample intellectual property audit questionnaire to help guide the audit process.
A trademark is a symbol, word or logo that identifies and distinguishes the source and quality of goods or services of one party from those of others. It can be a word, name, device, packaging label or combination of colors. Famous examples are Coca Cola and Pepsi. Any individual or company can apply for a trademark which is valid for 10 years and renewable. The key functions of a trademark are to identify the source and guarantee the quality of products. Common types include names, logos and images. In India, trademarks are registered by the Controller General of Patents, Designs and Trademarks under the Trademark Act of 1999. The registration process involves filing an application containing the logo, applicant details and
This document discusses a patenting case study on Basmati rice. It provides background on intellectual property and intellectual property rights. It then discusses the specifics of the case where an American company, RiceTec Inc., was granted a patent by the US patent office to call aromatic rice grown outside of India "Basmati." India objected to this patent, as Basmati rice is traditionally grown in India and Pakistan. The document outlines the details of the case between India and RiceTec Inc. over the Basmati rice patent. Ultimately, RiceTec Inc. withdrew 15 of its 20 claims and also withdrew its claim on the name "Basmati" to resolve the dispute.
The document discusses the World Trade Organization (WTO) and intellectual property rights. It provides an overview of the WTO, including that it deals with global trade rules and replaced GATT in 1995. It describes the principles of the WTO as non-discrimination, reciprocity, binding commitments, transparency, and safety valves. It then discusses the TRIPS agreement, which introduced intellectual property into the WTO and requires minimum standards for IP regulation.
This document discusses intellectual property rights. It defines intellectual property as creations of the mind such as inventions, literary works, designs, and symbols. Intellectual property rights enable creators to benefit financially from what they invent or create. The document then describes different types of intellectual property like copyrights, patents, trademarks, industrial designs, and geographical indications. It also discusses the importance of intellectual property rights for supporting jobs, economic growth, consumers, and innovation.
The document discusses geographical indications (GIs), which identify goods as originating from a specific geographical location where a quality, reputation, or characteristic of the good is attributable to its place of origin. GIs protect collective community rights for groups of producers in perpetuity. The document provides examples of agricultural, handicraft, manufactured and natural goods protected by GIs. It also outlines international agreements protecting GIs, the registration process, grounds for infringement, and discusses how Darjeeling tea has successfully protected its GI.
This document provides information about geographical indications (GIs) including definitions, benefits, examples of GIs from India and other countries, and the GI registration process in India. It defines a GI as an indication that originates from a definite geographical territory and is used to identify goods with special characteristics from that territory. Registering a GI provides legal protection and economic benefits to producers. Examples of registered Indian GIs include Basmati rice, Mysore silk, and Darjeeling tea. The registration process in India involves filing an application, examination, opportunities for opposition, and potential renewal of the registration.
WIPO - The World Intellectual Property Organization .Zunair Bhatti
The document provides information about the World Intellectual Property Organization (WIPO). It discusses WIPO's history dating back to 1883, mission to lead development of an effective international intellectual property system, activities like developing communication strategies and managing media relations, purpose of promoting IP protection worldwide and ensuring cooperation among unions, structure including the WIPO president and awards, and membership of 191 states.
The document discusses intellectual property rights, specifically patent searching processes and ownership rights. It provides an overview of the patent application process, including conducting a prior art search, preparing and filing an application, examination by the patent office, and office actions requiring amendments. It also outlines several methods and resources for conducting prior art patent searches, such as using USPTO databases and classifications, commercial search services, and the patent depository libraries.
This document discusses intellectual property rights, specifically trade secrets. It defines a trade secret as confidential business information that provides a competitive advantage. Examples provided include formulas, recipes, and manufacturing techniques. It outlines best practices for maintaining secrecy such as limiting access, using non-disclosure agreements, and marking materials as proprietary. Trade secrets can potentially last indefinitely while providing worldwide protection without registration or fees. However, they can be lost through improper disclosure or discovery through legal reverse engineering. The document contrasts trade secrets with patents and discusses common ways trade secrets are stolen, such as by departing employees.
Copyrights and related rights presentation wipoashutosh3108
The document discusses copyright and intellectual property rights. It covers topics such as what copyright protects, the branches of intellectual property including industrial property and copyright, international agreements like the Berne Convention, economic and moral rights of creators, limitations on those rights including fair use, and the role of organizations like WIPO.
The document discusses intellectual property rights, specifically copyright law. It provides an overview of copyright fundamentals, including that copyright protects original works and arises automatically upon creation. It also outlines copyright ownership issues, registration with the U.S. Copyright Office, international copyright law, and the subject matter that can be copyrighted, such as literary works. The U.S. Copyright Office is described as the division of the Library of Congress that issues copyright registrations and serves as a depository for copyrighted works.
1) The document discusses international intellectual property laws, including developments in trademark, copyright, and patent law.
2) It describes several international agreements and treaties that help standardize IP protections across countries, such as the Madrid Protocol, European Community Trademark, Berne Convention, WIPO Treaties, and TRIPS agreement.
3) Key international organizations that help administer IP law globally are also summarized, including WIPO, INTA, and relations between the US and foreign nations on IP standards.
This document provides an overview of free and low-cost resources for researching trademarks on the open web. It begins by listing types of trademark-related information that may need to be searched, such as trademark availability, distinctiveness, foreign translations, and domain name availability. It then discusses using the USPTO website to conduct basic and structured trademark searches. Basic searches provide a quick way to check for identical marks, while structured searches allow limiting results by goods/services, class, or other information. The document provides examples of searching for specific marks and classifications. Overall, the document outlines free search techniques using the USPTO website and open web to research trademark issues.
This document provides an overview of patent laws and intellectual property rights in India. It explains that a patent gives an owner legal rights to exclude others from an invention for a limited time period in exchange for publicly disclosing the invention. The document discusses India's priority on overseas markets like the UK and the importance of understanding and enforcing intellectual property rights in India. It also summarizes India's patent history and current government laws around patents, the patent application process, costs associated with patents, alternatives to patents, benefits and criticisms of the patent system.
How International IP Laws Affect PR Practice in the Digital AgeSarah Jackson
This document summarizes Cayce Myers' presentation on how international intellectual property laws affect public relations practice in the digital age. The presentation covered key differences between U.S. copyright law and laws abroad, implications for PR practitioners working internationally, and emerging issues at the intersection of social media and copyright. International copyright is governed by individual nations' laws and international treaties. Enforcement of judgments abroad and pursuing infringement claims can be difficult for U.S. practitioners. Social media platforms also present new copyright challenges both domestically and globally.
This document provides an overview of intellectual property rights (IPR) and related international agreements. It begins with definitions of intellectual property and IPR, noting they grant exclusive rights over creative works. The document then discusses the history of IPR laws and treaties, including the Paris and Berne Conventions. It outlines the main types of IPR including copyrights, trademarks, patents, industrial designs, and geographical indications. The document also summarizes the key WTO agreements TRIPS and TRIMS, including their requirements around IPR standards and restrictions on certain investment measures.
DEVELOPMENT INTELLECTUAL PROPERTY LAW IN INDIA
Intellectual Property Rights are patents, copyrights, trademarks, geographical indicators, protection of undisclosed information, layout designs of integrated circuits, industrial designs and traditional knowledge that are recognized by the Trade Related Intellectual Property Rights agreement (TRIPS) and governed by the WTO (World Trading Organization).
Intellectual property rights are the rights given to persons over the creations of their minds and give the creator an exclusive right over the use of his/her creation for a certain period of time.
There are three main types of property - real property (land), personal property (movable items), and intellectual property (creations of the mind). Intellectual property includes trademarks, copyrights, patents, and trade secrets. Trademarks identify the source of goods and services. Copyrights protect original creative works. Patents protect inventions. Trade secrets protect confidential business information. There are international organizations that promote intellectual property protection, such as WIPO, INTA, and treaties like the Berne Convention and Paris Convention. Infringement of trademarks, copyrights, and patents can result in civil lawsuits.
This document provides an overview of resources for researching international patent law. It begins by explaining the relationship between international patent law, national patent laws, and patent harmonization. It then discusses various types of secondary sources for international patent law research, including treaties and conventions, judicial decisions from organizations like the European Patent Office and WTO, and government and non-governmental organization resources. The document provides examples of specific sources within each of these categories.
The document discusses intellectual property rights (IPR) and the TRIPS and TRIMS agreements. It provides an overview of the history of IPR treaties and organizations like WIPO. It describes the different types of IPR like patents, copyrights, trademarks. It discusses why IPR is needed and outlines some of the key provisions and standards in TRIPS, including national treatment, enforcement procedures, and dispute settlement.
This document discusses international patent law and new developments in intellectual property rights. It covers several key topics:
1. The basics of international patent law, including that patents only apply within the granting country and most countries follow a "first to file" system.
2. Important international treaties like the Paris Convention, Patent Cooperation Treaty (PCT), and Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The PCT allows filing a single international patent application.
3. Developments making the international patent system more unified and efficient, such as the Patent Prosecution Highway (PPH) and Patent Law Treaty (PLT).
The document discusses intellectual property rights (IPR) and provides information on various types of IPR including patents, trademarks, copyright, and industrial designs. It explains that IPR allow creators to benefit from their work and provides incentives for innovation. The document also summarizes India's IPR laws and international agreements on IPR. It notes that India is signatory to several treaties and has enacted laws to be compliant with international standards on patents, copyright, trademarks and other forms of intellectual property.
The document provides an introduction to intellectual property rights. It discusses the four main types of intellectual property: trademarks, copyrights, patents, and trade secrets. Trademarks protect words, names, symbols or designs that identify the source of goods or services. Copyright protects original works of authorship such as books, music, art and software. Patents protect inventions and discoveries and are granted for utility patents, design patents and plant patents. Trade secrets protect any valuable confidential business information and do not require formal registration. The document outlines the registration processes and duration of protection for each type of intellectual property. The overall purpose of intellectual property law is to balance protecting creators' rights with allowing public access to their works.
This document summarizes several international conventions and treaties related to intellectual property rights:
- The Universal Declaration of Human Rights established the right to participate in cultural life and share in scientific advancement.
- The Paris Convention of 1883 established national treatment, right of priority, and independence of patents across countries.
- The Patent Cooperation Treaty of 1970 established an international system for filing patent applications.
- The Berne Convention of 1886 established automatic copyright protections for works across member countries.
- WIPO was established in 1967 to promote intellectual property protections worldwide and ensure cooperation between intellectual property unions and treaties. It became a UN agency in 1974.
This document discusses intellectual property rights (IPR) transfers between US and foreign companies. It provides several reasons why companies transfer IPR, such as licensing trademarks or knowhow to foreign companies in exchange for fees. The document also discusses international treaties that help standardize and protect IPR, such as the Paris Convention (for patents and trademarks), the Patent Cooperation Treaty, European Patent Convention, Madrid Protocol (for trademarks), and the Uniform Domain Name Dispute Resolution Policy. These treaties aim to reduce discrimination against foreign IPR holders and establish common application processes across multiple countries.
The document discusses various methods for transferring intellectual property rights (IPR), such as licensing agreements, joint ventures, and shifting production offshore. It also summarizes international treaties and organizations that help standardize and protect IPR across borders, such as the Paris Convention, Patent Cooperation Treaty, World Intellectual Property Organization, and agreements regarding trademarks, patents, and domain names. Key aspects covered include priority claims, centralized application processes, minimum standards of protection, and enforcement mechanisms.
An Introduction to Intellectual Property for Commercial LawyersJane Lambert
These are the slides of a presentation that I gave to the Manchester Trainee Solicitors Group at BPP Law School in Manchester on 29 April 2015. This was a mixed audience consisting of trainee solicitors and graduate students. Most were from the UK but there were a few from other countries. Some of the trainees were employed in IP or TMT departments of major law firms. Others were in company and commercial departments. In this talk I decided to talk about the treaties and policy that shape our IP statutes.
This document discusses the history and types of intellectual property. It begins with a brief history, noting that intellectual property laws originated in the 17th-18th centuries with statutes establishing copyright and patent laws. Common types of intellectual property include copyrights, patents, trademarks, and trade secrets. The document then provides more details on each type of intellectual property, describing what they protect and their purposes. It concludes by outlining three main objectives of intellectual property laws: to provide financial incentives for creation, promote economic growth, and uphold morality.
Similar to International organizations, agencies and treaties (20)
The document discusses factors courts examine to determine if information qualifies for trade secret protection, including how secret the information is inside and outside the company, measures taken to maintain secrecy, the information's value, costs to develop it, and ease of duplicating it. It also provides an overview of trade secret law, how information can be protected as both a trade secret and under copyright or patent law, and the relationship between trade secret and contractual agreements.
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive function. Exercise causes chemical changes in the brain that may help protect against mental illness and improve symptoms.
This document discusses trade secret litigation and protection. It begins by explaining that trade secret litigation involves violations of trade secret law through misappropriation or violations of non-disclosure agreements. It then outlines the process of trade secret litigation, including filing complaints, discovery, trial procedures, and protecting trade secrets during litigation. Finally, it discusses ways companies can protect trade secrets, such as physical security measures, contractual protections like non-compete agreements, and utilizing other intellectual property protections like patents and copyrights.
Trade secret litigation involves two aspects: violations of trade secret law through misappropriation without permission, and violations of non-disclosure agreements. Companies can protect their trade secrets through physical security measures, contractual agreements requiring confidentiality, and educating employees on protecting trade secrets. If a trade secret dispute cannot be resolved privately, the case will proceed through the court system with the trade secret owner needing to prove misappropriation through evidence presented at trial.
This document discusses unfair competition and related intellectual property issues. It covers trade secrets, misappropriation, the right of publicity, and false advertising. Specifically, it defines unfair competition and outlines forms such as passing off, misappropriation, infringement of publicity rights, and false advertising. It provides examples and details about these concepts, defenses, and relevant laws such as the Lanham Act.
The document outlines the process for registering a trademark in the United States. It discusses the two primary paths for registration - use-based and intent-to-use applications. The registration process involves filing an application with the USPTO, examination by a reviewing attorney, responding to any office actions, approval for publication, and the possibility of opposition from other interested parties. If no opposition occurs, the mark will be registered. The entire process from initial filing to final registration can take 10 to 18 months to complete.
The document summarizes key aspects of copyright law. It discusses the exclusive rights granted to copyright owners, including rights of reproduction, distribution, public performance, public display, and digital audio transmission. It outlines exceptions to these rights, such as fair use and first sale doctrine. The document also covers moral rights for visual artists, compulsory licensing, and international copyright law.
This document discusses intellectual property rights and copyright law. It provides an overview of the fundamental aspects of copyright law, including the originality of material, rights of reproduction, and international copyright law. It also discusses the subjects of copyright protection, including literary works, musical works, dramatic works, and the other categories of copyrightable subject matter. The document explains the requirements for copyrightability, such as a work being original, fixed in a tangible form, and a work of authorship. It provides details on each of the categories of copyrightable works.
The document discusses intellectual property rights, specifically copyright law. It covers the fundamental rights afforded by copyright law, including the rights of reproduction, preparation of derivative works, distribution, and public performance and display. It describes how copyright provides owners exclusive control over these rights. The document also discusses limitations on these rights, such as the fair use doctrine and first sale doctrine, as well as international copyright law.
The document discusses the process for registering trademarks in the United States. It describes the two primary paths for registration - use-based and intent-to-use applications. The registration process can take 10-18 months and involves preparing an application, filing it electronically, providing a drawing of the mark, specimens showing use, and a declaration signed by the applicant. Care must be taken to properly identify the applicant, goods/services, basis for filing, and meet other requirements to ensure the application is accepted and the registration is valid.
The document discusses intellectual property rights, specifically copyright law. It covers the fundamental rights afforded by copyright law, including the rights of reproduction, public performance, preparation of derivatives, and distribution. It describes the exclusive rights of copyright owners under Section 106 of the Copyright Act. It also outlines several exceptions to the public performance right, such as for face-to-face teaching, religious services, and small commercial establishments. Performing rights societies are discussed as organizations that license public performances of music on behalf of composers and publishers.
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International organizations, agencies and treaties
1. Intellectual Property Rights
Presented by
Dr. B.Rajalingam
Assistant Professor
Department of Computer Science & Engineering
Priyadarshini College of Engineering & Technology, Nellore
Revision (Unit 1)
International Organizations, Agencies and Treaties
2. Syllabus
• Introduction to Intellectual Property
• Types of Intellectual Property
• International Organizations, Agencies and Treaties
• Importance of Intellectual Property Rights
Introduction of IPR: Dr. B.Rajalingam13 May 2020 2
3. Agencies responsible for intellectual property registration
1. U.S. Patent and Trademark Office
2. Library of Congress
Introduction of IPR: Dr. B.Rajalingam13 May 2020 3
4. U.S. Patent and Trademark Office (USPTO)
• The agency charged with granting patents and registering trademarks is the U.S.
Patent and Trademark Office (USPTO), one of several bureaus or agencies
within the U.S. Department of Commerce.
• The USPTO, founded more than 200 years ago, employs more than 10,000
employees and is presently located in several buildings at its campus in
Alexandria, Virginia.
• Mailing addresses vary depending on whether the matter relates to patents or
trademarks.
• The USPTO is physically located at 600 Dulany Street, Alexandria, Virginia
22314. Its website is http://www.uspto.gov.
• The USPTO website offers a wealth of information, including helpful
information about trademarks and patents, fee schedules, forms, and the ability to
search and apply for trademarks and patents.
Introduction of IPR: Dr. B.Rajalingam13 May 2020 4
5. Cont…
• Since 1991, under the Omnibus Budget Reconciliation Act, the USPTO has
operated in much the same way as a private business, providing valued products
and services to customers in exchange for fees that are used to fully fund USPTO
operations.
• It uses no taxpayer funds.
• The USPTO is one of the busiest of all government agencies, and as individuals
and companies continue to value the importance of intellectual property assets,
greater demands are being made on the USPTO.
• For example, from 2005 to 2011, the number of trademark applications received
by the USPTO increased by 23 percent, and the number of patent applications
received increased 31 percent.
Introduction of IPR: Dr. B.Rajalingam13 May 2020 5
6. Library of Congress
• The Library of Congress, sometimes referred to as ―Jefferson’s Legacy,‖ was established in
1800 as a legislative library.
• It is America’s oldest, national cultural institution and is the largest library in the world.
• Thomas Jefferson is considered the founder of the Library of Congress, and his personal
library is at the heart of the library, inasmuch as in 1814 the library’s 3,000 volumes were
burned by the British, and the next year Jefferson sold his personal library collection of
6,487 volumes to the Library of Congress for $23,950.
• The U.S. Copyright Office has been a part of the Library of Congress since 1870 and is in
charge of examining the approximately 600,000 copyright applications filed each year,
issuing registrations, and maintaining copyright deposits in its vast collection.
• The Copyright Office is located at 101 Independence Avenue SE, Washington, DC 20559 –
6000, and its website is http://www.copyright.gov.
• Basic information about copyrights, forms, and other valuable information can be obtained
for free and downloaded from the Copyright Office’s website.
Introduction of IPR: Dr. B.Rajalingam13 May 2020 6
7. International Organizations, Agencies and Treaties
1. International Trademark Association (INTA)
2. World Intellectual Property Organization (WIPO)
3. World Trade Organization (WTO)
4. Berne Convention for the Protection of Literary and Artistic Works (the Berne
Convention).
5. Madrid Protocol
6. Paris Convention
7. North American Free Trade Agreement (NAFTA)
8. Agreement on Trade-Related Aspects of Intellectual Property (TRIPS)
Introduction of IPR: Dr. B.Rajalingam13 May 2020 7
8. International Trademark Association (INTA)
• It is a not-for-profit international association composed chiefly of trademark
owners and practitioners.
• More than 5,500 trademark owners and professionals in more than 190 countries
belong to INTA, together with others interested in promoting trademarks.
• INTA offers a wide variety of educational seminars and publications, including
many worthwhile materials available at no cost on the Internet (see INTA’s home
page at http://www.inta.org).
• INTA is located at 655 Third Avenue, 10th Floor, New York, NY 10017-5617
(212/642-1700).
Introduction of IPR: Dr. B.Rajalingam13 May 2020 8
9. World Intellectual Property Organization (WIPO)
• It was founded in 1970 and is a specialized agency of the United Nations whose
purposes are to promote intellectual property throughout the world and to
administer 24 treaties dealing with intellectual property, including the Paris
Convention, Madrid Protocol, the Trademark Law Treaty, the Patent Cooperation
Treaty, and the Berne Convention.
• More than 180 nations are members of WIPO.
• WIPO is headquartered in Geneva, Switzerland
• Its home page is http://www.wipo.int
Introduction of IPR: Dr. B.Rajalingam13 May 2020 9
10. World Trade Organization (WTO)
• It was organized in 1995 and deals with rules of trade among its more than 150
member nations.
• It resolves trade disputes and administers various agreements, including those
relating to intellectual property.
• It is headquartered in Geneva, Switzerland, and its website is http://
www.wto.org
Introduction of IPR: Dr. B.Rajalingam13 May 2020 10
11. Berne Convention for the Protection of Literary and Artistic Works
The Berne Convention was created in 1886 under the leadership of Victor Hugo to
protect literary and artistic works.
It has more than 160 member nations.
The United States became a party to the Berne Convention in 1989.
The Berne Convention is administered by WIPO and is based on the precept that
each member nation must treat nationals of other member countries like its own
nationals for purposes of copyright.
Introduction of IPR: Dr. B.Rajalingam13 May 2020 11
12. Madrid Protocol
• The Madrid Protocol came into existence in 1996 and allows trademark protection
for more than 80 countries, including all 27 countries of the European Union, by
means of a centralized, trademark filing procedure.
• The United States implemented the terms of the Protocol in late 2003.
• This treaty facilitates a one-stop, low cost, efficient system for the international
registration of trademarks by permitting a U.S. trademark owner to file for
international registration in any number of member countries by filing a single,
standardized application form with the USPTO, in English, with a single set of
fees.
Introduction of IPR: Dr. B.Rajalingam13 May 2020 12
13. Paris Convention
• One of the first treaties or ―conventions‖ designed to address trademark protection in
foreign countries was the Paris Convention of 1883, adopted to facilitate international
patent and trademark protection.
• The Paris Convention is based on the principle of reciprocity, so that foreign trademark and
patent owners may obtain in a member country the same legal protection for their marks
and patents as can citizens of those member countries.
• Perhaps the most significant benefit provided by the Paris Convention is that of priority.
• An applicant for a trademark has six months after filing an application in any of the more
than 170 member nations to file a corresponding application in any of the other member
countries of the Paris Convention and obtain the benefits of the first filing date.
• Similar priority is afforded for utility patent applications, although the priority period is one
year rather than six months.
• The Paris Convention is administered by WIPO.
Introduction of IPR: Dr. B.Rajalingam13 May 2020 13
14. North American Free Trade Agreement (NAFTA)
• The NAFTA came into effect on January 1, 1994, and is adhered to by the United
States, Canada, and Mexico.
• The NAFTA resulted in some changes to U.S. trademark law, primarily with
regard to marks that include geographical terms.
Introduction of IPR: Dr. B.Rajalingam13 May 2020 14
15. Agreement on Trade-Related Aspects of Intellectual Property (TRIPS)
• Negotiated from 1986–1994, TRIPS is administered by the World Trade
Organization and establishes minimum levels of protection that member
countries must give to fellow WTO members.
• Computer programs must be protected as copyrightable literary works, and
countries must prevent misuse of geographical names such as Roquefort or
Champagne.
Introduction of IPR: Dr. B.Rajalingam13 May 2020 15
16. Importance of Intellectual Property Rights
• Although people have always realized the importance of protecting intellectual
property rights, the rapidly developing pace of technology has led to increased
awareness of the importance of intellectual property assets.
• Some individuals and companies offer only knowledge.
• Thus, computer consultants, advertising agencies, Internet companies, and
software implementers sell only brainpower.
• Similarly, some forms of intellectual property, such as domain names and moving
images shown on a company’s Web page, did not even exist until relatively
recently.
• Internet domain names such as www.ibm.com are valuable assets that must be
protected against infringement.
Introduction of IPR: Dr. B.Rajalingam13 May 2020 16
17. Cont…
• The International Intellectual Property Alliance estimates that total copyright
industries accounted for 11 percent of the U.S. gross domestic product in 2007 and
that more than 11 million workers are employed by these industries.
• Additionally, nearly $126 billion of U.S. exports now depend on some form of
intellectual property protection, including pharmaceuticals, motor vehicles, and
aircraft and associated equipment.
• Moreover, the rapidity with which information can be communicated through the
Internet has led to increasing challenges in the field of intellectual property.
• Within hours after the world premiere of the movie Episode III — Revenge of the
Sith, counterfeit copies were available on the streets of New York City for just a
few dollars, and the movie was also available on the website Bit Torrent for free
downloading.
Introduction of IPR: Dr. B.Rajalingam13 May 2020 17
18. Cont…
• Books, movies, and songs can now be copied, infringed, and sold illegally with the touch
of a keystroke.
• The Office of the United States Trade Representative has estimated that U.S.
industries lose between $200 billion and $250 billion annually from piracy,
counterfeiting of goods, and other intellectual property infringements.
• In many cases, the most valuable assets a company owns are its intellectual property
assets.
• For example, the value of the trademarks and service marks owned by the Coca-Cola
Company has been estimated at more than $70 billion, making it the world’s most
valuable brand.
• Thus, companies must act aggressively to protect these valuable assets from
infringement or misuse by others.
• The field of intellectual property law aims to protect the value of such investments.
Introduction of IPR: Dr. B.Rajalingam13 May 2020 18