Types of Intellectual Property? Copyrights Patents Trademarks
Copyrights• Derived automatically, but registrable• literary & artistic works : computer programmes• Economic rights : usually last as long as life of the author + 50 years• Moral rights : forever authorship & reputation!• Related rights : performing , producing & broadcasting
Patents• must be registered!• invention : novel, inventive step, industriallyapplicable• possible exclusion : discoveries, scientifictheories, medical treatment, plants & animalvarieties, methods of doing business• product or process• life span : usually 20 yrs (25 in some countries)
Trademarks• registered (exclusive rights) or unregistered(limited rights)• distinctive signs, one or combination of words,pictures, 2D or 3D – may include sounds,fragrances or colour!• indicate sources or origins – distinguish yourgoods or services from others• can last forever, but must be extended everycertain no. of years
Geographical Indications • have a specific geographical origin and possess qualities, reputation or characteristics that are essentially attributable to that origin • last forever! • protected under : laws specifically for the protection of GIs or Appellation of Origins, trademark laws in the form of collective marks or certification marks, laws against unfair competition & consumer protection laws.
Traditional Knowledgeconservation protection Benefit sharing
What is TK? • No law, no definition! but may include : Genetic Resources, Traditional Knowledge, Folklore / Traditional Cultural Expressions (WIPO - IGC) • not made by a single person, but learned and developed through generations • usually, cannot be protected by IP law because : not new, and too old!
International Laws • General IP laws : only in limited cases e.g. OTOP • Convention on Biological Diversity 1992 : prior inform consent, access and benefit sharing • Lisbon Agreement for the Protection of Appellations of Origin 1958 : qualities are attributable to the origin • TRIPS only cover GI for spirits and wine... • WIPO IGC is almost dead…
Problems • purpose of protection is not clear : must categorise TK into : TK to be publicised and commercialised and TK to be kept secret and prevented from unauthorised use • database not completed : what is to be protected is not clear • no central authority • who’s the owner : Local, national, regional? Is it actually ours?
Possible Way Out • identify our goals • there must be a permanent central authority dealing with this issue • improve, digitalise and centralise TK databases • develop a law on TK and modify the current IP law where necessary
World Intellectual Property Organizationlegislation implementation development
About WIPO• specialised agency of the UN, establishedin 1967 by WIPO Convention• over-looking 23 treaties, conventions andagreements
pre-TRIPS : norm-making post-TRIPS : norm-expanding now : IP for development• IP commercialisation : creativeeconomy, PCT• protecting developing countries’interest : TK• global challenges : Committee onDevelopment and IP - access tomedicines, climate change, biodiversity