General Introduction to Intellectual Property Law

Intellectual Property Law

What is Intellectual Property (IP)?

“creations of the mind: inventions, literary andartistic works, and symbols, names, images, anddesigns used in commerce”

Intellectual Property Law

Industrial Property

Inventions (Patents)

Trademarks

Industrial Designs

Geographical Indications

Copyright and Related Rights

Copyright

Rights Related to Copyright

Collective Management of

Copyright

Forms of Intellectual Property Law Protection

What is a patent?

A patent is an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem.

Patent Cooperation Treaty ("PCT") (1970)

* patent protection for an invention simultaneously in each of a large number of countries by filing an "international" patent application.

* filed by anyone who is a national or resident of a contracting State.

* filed with the national patent office or with the International Bureau of WIPO in Geneva

* 122 Contracting Countries

TRADEMARK™

A trademark is a distinctive sign which identifies certain goods or services as those produced or provided by a specific person or enterprise.

Madrid System for the International Registration of Marks

* governed by two treaties:

- the Madrid Agreement Concerning the International Registration of Marks, and

- Protocol Relating to the Madrid Agreement.* System is administered by the International Bureau of the World Intellectual Property Organization (WIPO)* 73 Contracting States

INDUSTRIAL DESIGN

An industrial design is the ornamental or aesthetic aspect of an article. The design may consist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or color.

An industrial design is primarily of an aesthetic nature, and does not protect any technical features of the article to which it is applied.

The Hague Agreement Concerning the International Deposit of Industrial Designs

* signed on November 6, 1925, and since revised in London on June 2, 1934 (1934 Act) and at The Hague on November 28, 1960 (1960 Act)* supplemented in respect of certain provisions on fees by an Additional Act signed in Monaco on November 18, 1961, and in respect of the administrative clauses by a Complementary Act signed in Stockholm on July 14, 1967 (1967 Act)* 34 States are at present party to the Hague Agreement:

GEOGRAPHICAL INDICATIONS

A sign used on goods that have a specific geographical origin and possess qualities or a reputation that are due to that place of origin.

Agricultural products typically have qualities that derive from their place of production and are influenced by specific local factors, such as climate and soil.

Example: "Tuscany" for olive oil produced in a specific area of Italy or "Roquefort" for cheese produced in France

* WIPO is in charge of the administration of a number of international agreements which deal partly or entirely with the protection of geographical indications

* E.g. - the Paris Convention for the Protection of Industrial Property

- the Lisbon Agreement for the Protection of Appellations of Origin and Their International Registration

* Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications explores new ways of enhancing the international protection of geographical indications.

- protected information which is not generally known among, or readily accessible to, persons that normally deal with the kind of information in question,

- has commercial value because it is secret,

- and has been subject to reasonable steps to keep it secret by the person lawfully in control of the information.

Trade Secrets/Undisclosed Information

COPYRIGHT ©

Rights given to creators for their literary and artistic works

Examples: literary works such as novels, poems, plays, reference works, newspapers and computer programs; databases; films, musical compositions, and choreography; artistic works such as paintings, drawings, photographs; architecture; and advertisements, maps and technical drawings

RIGHTS RELATED TO COPYRIGHT

- performing artists (such as actors and musicians) in their performances;

- producers of sound recordings (for example, cassette recordings and compact discs) in their recordings;

- broadcasting organizations in their radio and television programs.

COLLECTIVE MANAGEMENT OF COPYRIGHT

Collective management is the exercise of copyright and related rights by organizations acting in the interest and on behalf of the owners of rights.

* Berne Convention for the Protection of Literary and Artistic Works* Brussels Convention Relating to the Distribution of Program-Carrying Signals Transmitted by Satellite

* Geneva Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms

* Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations

* WIPO Copyright Treaty (WCT)* WIPO Performances and Phonograms Treaty (WPPT)

WIPO Treaties Concerning Copyright and Related Rights

Patent - Camera

Trademark - Nikon

Industrial Design - design of camera

Copyright - black and white photograph

What IP Rights are applicable in this picture?

- IP plays an important role in an increasingly broad range of areas, ranging from the Internet to health care to nearly all aspects of science and technology and literature and the arts.

- Understanding the role of intellectual property in these areas often requires significant new research and study.

•Small and Medium Sized Enterprises (SMEs)•E-commerce •Domain names•Traditional Knowledge

EMERGING IP ISSUES

Thank You

http://www.wipo.int

Susanna ChungConsultant

Traditional Creativity and Cultural Expressions SectionTraditional Knowledge Division

WIPO