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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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Thank You
Introduction of IPR: Dr. B.Rajalingam13 May 2020 19

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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
  • 19. Thank You Introduction of IPR: Dr. B.Rajalingam13 May 2020 19