By

SAQIB HAROON CHISHTI

Introduction to Intellectual Property Rights

Presentation - Who is who & what is your motivation

SAQIB HAROON CHISHTI

LL.M (QUEEN MARY, UNIVERSITY OF LONDON)

SPECILIZATION IN INTELLECTUAL PROPERTY RIGHTS

SOLICITOR (SENIOR COURTS OF ENGLAND AND WALES)

ADVOCATE HIGH COURT

You?

Expectations

We expect you To come prepared To Participate in the Discussion.

You can expect to Get an practical and useful insight in a

growing and relevant subject

Basic IPR

IPR is Intellectual Property Right

IPR is basically A protection of your creation or invention - mental

labour A way to regulate use and exploitation of a creation

or invention by third parties for example by prohibiting others without consent from copying your creation or invention

Basic IPR Utilitarian idea and a

theory of ownership A balance of rights and

freedoms Monopolies that are useful

to society as whole Fair competition in the

market Promoting progress…

Development and IPR

Pre 1000 b.c. 1000 b.c.

1400

1440-1500

1500 – 1600

Stone carvings Transcribing books letter

by letter Guttenberg could print

300 pages per day more than 4,000 books

are printed the printers (not the

authors) enjoyed privileges

Development and IPR

Statute of Monopolies (1624): All monopolies were illegal, except those that concerned “new

manufacture” and that were not “mischievous to the State by raising prices of commodities at home or hurt of trade”.

Statute of Anne (1709) : Authors got an exclusive right “for the encouragement of

learned men to compose and write useful Books…” U.S. Constitution (1787)

Article 1 § 8.8: "Congress shall have Power ... [t]o promote the Progress of Science ... by securing [to Authors] for limited Times ... the exclusive Right to their ... Writings.”

Paris and Bern convention Foreign exhibitors refused to attend the International Exhibition

of Inventions in Vienna in 1873 because they were afraid there ideas would be stolen and exploited commercially in other countries

Justification for IPR

Ethical and moral arguments

The law recognises an authors natural or human rights over the product of their labour

Prevents third parties from becoming unjustly enriched by “reaping where they have not sown”

IPR induces or encourages desirable activities

Patents: Provides inventors with an incentive to invest in R&D [= reseach & development]

Types of IPR

Ideas and creativity in the form of Copyrights Patens Utility models Trademarks Domain names Geographical names used to identify products Plant varieties Semiconductors Industrial designs and Undisclosed information such as trade secrets

are all protected as intellectual property if they are materialized

Types of IPR – indepth

Patents. Any invention is patentable, if it is new, invloves an Inventive

step. Furthermore, the invention must be capable of industrial

application..

Industrial design. The aesthetic appearance (design) of an object or specific

shape (model) can be protected by means of a registered design, but does not include a method or principle of construction or features of shap or configuration which are dictated solely by technical and functional considerationsas.

The subject matter of the industrial design may for instance be the external appearance of an object used in everyday life, but could also be the external form of machines or vehicles.

Types of IPR – indepth

Trade marks A trade Mark means any mark capable of being

represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings.

Copyright Copyright covers works of art such as literature, pieces of

music, paintings, drawings, films, construction works, and scientific and technical representations. In addition, computer programs, databases, and multimedia products fall under copyright protection.

The author of a work of art owns the inherent rights of ownership to his work, and is entitled to exploit it.

In contrast to the other types of protection mentioned above, it is not necessary to apply for registration of the work, as the protection arises solely through the act of creation.

Today’s digital world

Convergence, typical of the digital system, can be observed in the overlaps with disintegrating effects on the system.

Internet Supports globalization; Simplifies flows of free information; Offers new ways of consumption; Offers new ways of trading, for instance e-

commerce; Offers new means of access to works.

Different Treaties The World Intellectual Property Organization (WIPO - 1967)

The Paris Convention for the Protection of Industrial Property (1883)

The Berne Convention for the Protection of Literary and Artistic Works (1886)

Rome Convention, 1961 International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations

WIPO Copyright Treaty (1996) Rights applicable to the storage and transmission of works in digital systems, limitations on

and exceptions to rights in a digital environment, WIPO Performance and Phonograms Treaty (1996)

Rights applicable to storage and transmission of performances and phonograms in digital systems, limitations on and exceptions to rights in a digital environment,

The United Nations Educational, Scientific and Cultural Organization (UNESCO) Universal Copyright Convention as revised at Paris on 24 July 1971

Different Treaties

The Paris Convention (1883) What kind of IPR?

Inventions (patens) Trademarks Industrial Designs

Main features Right to national treatment Right of priority Common rules in the field of substantive law

The Berner Convention (1886) What kind of IPR?

Copyright, such as novels, short stories, poems, plays, songs, drawings, paintings sculptures and architectural work Main features

National treatment Automatic protection - no formality requirements Independence of protection

International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations - Rome Convention National treatment Eligibility for Protection The Minimum Protection Required by the Convention

Universal Copyright Convention (1952) Member states allowed to require formality claims e.g. use of © followed by the name of the holder and the year of publication

Different treaties

World Trade Organization WTO

Trade-Related Aspects of Intellectual Property Rights (TRIPS) (1993)

Main features National treatment Most-Favoured-Nation Treatment Standards concerning availability, scope and

use of IPR Enforcement of IPR Dispute settlement

Different treaties

The Patent Cooperation Treaty (PCT) (1970)

Main features A filing, with a single Patent Office, Of a single application (the “international

application”) In one language Having effect in each of the countries party to

the PCT which the applicant names (“designates”) in his application.

Different treaties

The Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating to that Agreement (1995) Basis application or registration in a member

state A single application (the “international

application”) In English, French or Spanish Having effect in each of the countries party to

the MP which the applicant names (“designates”) in his application

The European Patent Convention (1973)

Main features By filing a single application In one of the three official languages

(English, French and German) Obtain patent protection in some or all of

the EPC contracting states

Implemenation into national law - PAKISTAN Introduction to Pakistan Intellectual Property laws

Intellectual Property Organization of Pakistan

The Copyright Ordinance, 1962

The Patent Ordinance 2000

Registered Designs Ordinance 2000

Registered Layout – Designs of Integrated Circuits Ordinance, 2000

Trade Marks Ordinance 2001