A.

INTRODUCTION

Intellectual Property
• Defined: an ownership interest in useful information or knowledge. • Role of municipal (local/national) law:
 

Creates intellectual property rights. Establishes rules for transferring intellectual property rights. Establishes guidelines for the uniform definition and protection of intellectual property. Makes it easier for owners to acquire rights in different countries.
1

• Role of international law:

B. COPYRIGHTS

Copyright Defined: right in an original intellectual creation in the fields of art, literature, music or science that have been fixed in a tangible medium for the purpose of communication.
• Original intellectual creation (or work): something that the author has infused with creativity.
2

B. COPYRIGHTS
• Works in the fields of art, literature, music or science:
Literary, dramatic, musical and artistic works.  Sound recordings.  Films.  Radio and television broadcasts.  Computer programs (in some countries).

• Works fixed in a tangible medium of expression: medium that is permanent for
at least some time
3

B. COPYRIGHTS

No formalities are required to establish a copyright
• No requirement to use © or the word copyright • No requirement to disclose the copyright owner • No requirement to state the date when the work was first published • No requirement to register
4

B. COPYRIGHTS

Duration: a copyright lasts for 50 years following the author's death (Berne Convention). Scope of rights: copyright holder may only restrict the use of the work itself.
• May not prevent others from using the idea or the knowledge contained in the copyrighted work.
5

B. COPYRIGHTS
• Pecuniary Rights (i.e., to exploit a work for economic gain):
Right to reproduce.  Right to distribute.

• Exhaustion of Rights: once a work has been distributed to the public, the right to control its distribution comes to an end.

Right of performance.

6

B. COPYRIGHTS
• Moral Rights (i.e., to prohibit others from tampering with a work).

These include:
• Right to object to distortion, mutilation or modification. • Right to be recognized as the author. • Right to control public access to the work. • Right to correct or retract a work.

7

B. COPYRIGHTS

WTO’s Agreement on Trade- Related Aspects of Intellectual Property Rights (Agreement on TRIPS): requires WTO member states to comply with the provisions of the Berne Convention.
• Caveat: Does not require WTO member states to comply with the Berne Convention provisions granting moral rights to authors.

8

B. COPYRIGHTS

Uses that do not constitute an infringement of a copyright (commonly are):
• Use in a court or administrative proceeding • Use by the police if the material (such as a portrait) is needed to maintain public safety • Use for instructional purposes in schools
9

B. COPYRIGHTS
• Use for a purely private purpose • Use in brief quotations in scholarly or literary works, or in reviews • Use in extended quotations of newsworthy speeches or political commentaries

10

C. PATENTS

Patent Defined: rights in new, nonobvious, and useful machines, articles of manufacture, compositions of matter, or processes.

11

C. PATENTS

Requirements for obtaining a patent –
an inventor must show that the invention is: • New: that no other inventor can have obtained a
patent for the same invention. • Non-obvious: that the subject matter of an invention was not obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. • Useful: that the machine, product, or process is one that can be used in industry or commerce.

12

C. PATENTS

Inventions Excluded from Patent Protection (according to WTO’s

Agreement on Trade-Related Aspects of Intellectual Property Rights ): • Inventions that harm the ordre public or morality. • Inventions involving diagnostic, therapeutic, and surgical methods for the treatment of humans or animals.
13

C. PATENTS
• New plants and animals other than microorganisms

Caveat: states must provide protection for plant varieties.

• Inventions that involve essentially biological processes for the production of plants or animals.

14

C. PATENTS

Duration of Patents: The WTO’s

Agreement on Trade-Related Aspects of Intellectual Property Rights requires that term of a patent be no less than 20 years. National Character of Patents: a patent is only valid within the territory of the state granting it.
• States cannot prevent the use of patented technology outside their territory. • States will stop the importation of goods from third countries that infringe a patent.
15

D. TRADEMARKS

Trademarks Defined: any word,

name, symbol, or device that merchants and others use to identify themselves and their products

Acquiring Trademarks
• By use

Famous foreign trademarks will be protected to prevent confusion of local consumers Not available in a few countries

• By registration

16

D. TRADEMARKS

Term of Registered Trademarks:

the WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights sets the minimum term at 7 years. • Registration may be renewed indefinitely.

17

F. ORGANIZATIONS

World Intellectual Property Organization (WIPO)
• Administers the Paris and Berne Unions and other intellectual property conventions. • Sponsors and hosts conferences for the development of new intellectual property rights agreements. • Promotes the modernization of national intellectual property laws.

Web link: http://www.wipo.int
18

F. ORGANIZATIONS

Council for Trade-Related Aspects of Intellectual Property Rights (Council for TRIPS)
• Responsible for overseeing the WTO’s Agreement on Trade-Related Aspects of Intellectual Property Rights (Agreement on TRIPS).
Council monitors WTO member state compliance with the Agreement on TRIPS.  Consults with WIPO and cooperates with WIPO’s constituent bodies.

Web link: www.wto.org

19

G. TREATIES

Agreement on TRIPS (World Trade Organization's Agreement on TradeRelated Aspects of Intellectual Property Rights).
• State parties: all WTO member states. • Purpose: to create a multilateral and comprehensive set of rights and obligations governing the international trade in intellectual property.
20

G. TREATIES
• Common minimum of protection established by TRIPS for intellectual property rights.

WTO member state must observe the substantive provisions of the Paris, Berne, Rome and IPAC conventions Fill-in-the-gaps rules in the above treaties (e.g., it specifies the term of a patent) are provided. Basic principles of the General Agreement on Tariffs and Trade are extended to the field intellectual property rights (i.e., nondiscrimina-tion, national treatment, transparency and simplification).
21

G. TREATIES

Agreements Establishing Common Minimum Standards for Granting Intellectual Property Rights
• Berne Convention: The International Union for the Protection of Literary and Artistic Property of 1886. • Paris Convention: The International Union for Protection of Industrial Property of 1883.
22

G. TREATIES
• Rome Convention: The International Convention for the Protection of Performers, Producers of Phonograms, and Broadcasting Organization of 1961. • IPIC Convention: Treaty on Intellectual Property Rights in Respect of Integrated Circuits of 1989.
23

H. TRANSFER

Ways to transfer intellectual property rights internationally:
• Owner works property rights abroad. • Owner transfers rights to another. • Owner licenses another to work rights. • Government grants a compulsory license to a third party.

24

H. TRANSFER

License
• Defined: a non-exclusive revocable privilege that allows a licensee to use a licensor's property. • Created by contract.
Standard contractual rules are used to interpret licenses.  Unfair competition laws regulate the scope of licenses.

25

H. TRANSFER

Compulsory License
• Available if the owner of intellectual property (e.g., a patent or a copyright) refuses to work the property in the country within a certain period of time.
A third party may apply for a compulsory license.  Issued by the government without the consent of the owner.

• Not subject to the same rules that apply to licenses.
26

Sign up to vote on this title
UsefulNot useful