What is Intellectual Property?


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My lecture on basic intellectual property issues for young diplomats. 2009.

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What is Intellectual Property?

  1. 1. Intellectual Property The TRIPS Agreement
  2. 2. Types of Intellectual Property? Copyrights Patents Trademarks
  3. 3. 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
  4. 4. 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)
  5. 5. 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
  6. 6. 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.
  7. 7. Exercise : identify IP
  8. 8. Why so much problems with Intellectual Property?Private rights Balance Public Rights
  9. 9. Rationale• incentives for R&D• public interests :knowledge getspublicised Therefore• good for economy• good for free & fairtrade!
  10. 10. Compulsory Licensing• Usually, patent ownershold a monopoly rightexpensive drugsgovernment can’t afford• CL allows others toproduce these drugs too!• two types : anti-competition & emergency
  11. 11. Traditional Knowledge
  12. 12. Traditional Knowledgeconservation protection Benefit sharing
  13. 13. 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!
  14. 14. 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…
  15. 15. National Law • • 2542 • 2542 • 2546 •
  16. 16. 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?
  17. 17. 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
  18. 18. World Intellectual Property Organizationlegislation implementation development
  19. 19. About WIPO• specialised agency of the UN, establishedin 1967 by WIPO Convention• over-looking 23 treaties, conventions andagreements
  20. 20. 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
  21. 21. Text copyright © 2009 byVowpailin ChovichienPhotos are unauthorised by authorsand are examples of copyrightinfringement :)Other illustrations (silly dots, charts andcartoon charactor) are created andcopyrighted by me