Intellectual Property Law

Prof. Dr. Shima Zaman

Email: [email protected]
Mobile: 01727954400
 Books
• T Daniel C.K. Chow and Edward Lee:
International Intellectual Property Law,
Second Edition 2012, American Case Book
Series
• P. Narayanan : Intellectual Property Law
(2009), Eastern Law House
• WIPO Publication: WIPO Intellectual Property
Handbook: Policy, Law and Use, 2nd Second
Edition 2008, WIPO Publication no. 489
 Objective of this Course
This course is designed to develop knowledge,
understanding and critical thinking of the following:
• International and Bangladesh laws relating to
intellectual property;
• Policy issues surrounding the competing interests of
creators, owners and the public;
• Rationales, issues and debates about intellectual
property protection; and
• Substantive issues of intellectual property topics (e.g.
copyright, patents, trademarks, confidential
information, designs and geographical indications);
 Assignments and Grading
• Trimester Final Examination : 50%
• Mid-term examination : 20%
• Quizzes and/or weekly tests :10%
• Assignments & case Studies :15%
• Class Attendance and Performance :5%
• Total :100%
 Intellectual property (IP)
• refers to creations of the mind, such as
inventions; literary and artistic works; designs;
and symbols, names and images used in
commerce.
• IPR is a right which gives monopoly of any
intellectual creation of mind.
• It is a combination of science and technology
both.
• Intangible immovable property
 World Intellectual Property
Organization (WIPO)
• The World Intellectual Property Organization
(WIPO) is one of the 17 specialized agencies
of the United Nations.
• WIPO was created in 1967 "to encourage
creative activity, to promote the protection of
intellectual property throughout the world.”
• The World Trade Organization (WTO)
regulates IP issues and has become dominant
force.
 Importance of IP Laws
• The 21'st century was termed as the century of
knowledge.
• However, merely having the knowledge is not
enough.
• the protection of that knowledge and
conversion of that knowledge into profit are
important for the survival of any high-tech
business and economy.
• The intellectual property laws provide the
pharmaceutical and biotechnology industry with
unparalleled protection.
 IP Law and the controversy

• Intellectual Property is an issue that cut across

virtually every country of the world.
• Impacts not only just businesses and
industries, but people in their everyday lives
(sometimes at the most basic level)
 IP right: Developed v Developing
countries
• Case: HIV Medicine
• Developing countries argue for greater access to
pharmaceuticals for treatment of AIDS and other
diseases at price levels they can afford.
• Pharmaceutical companies backed by developed
countries argue that patent protection is
necessary to ensure fair return and a fair profit.
Inability to earn a fair return will discourage
important research and development in the
future and will affect all.
 IP right: Developed v Developing
countries
• Case: Biopiracy
• Biopiracy is a term used by some to describe
the attempts by MNEs and other entities to
acquire IPRs in genetic resources (GR) and in
traditional knowledge (TK) indigenous to
certain areas of peoples, particularly in
developing countries.
• Developing countries are owners of some of
the world’s most biologically diverse regions.
 IP right: Developed v Developing
countries
• Case: Biopiracy
• MNEs are accused of ‘pirating’ indigenous
materials and TK from developing countries
by obtaining patent and other IP rights in such
materials without paying adequate
compensation to the developing countries or
the people who first cultivated the resources
and knowledge.
 IP right: Developed v Developing
countries
• Case: Commercial Piracy
• Developed countries raise concerns about
‘commercial piracy’ involving infringement of
copyrights and trademarks.
• Most of the allegations are against China and
southeast Asia.
• Is :commercial piracy’ more worthy of
condemnation than ‘biopiracy?’
 Commercial Piracy
• With the advancement of digital
communication and internet unauthorized
copying and use of trademarked and
copyrighted material has become an
increasingly lucrative and popular activity
• US estimation: commercial piracy results in
annual losses to US companies that exceed
$200 billion
 IP right: Developed v Developing
countries

• Developed and developing countries have

different attitude towards IP
• Some of the sharpest political and legal
debates in world trade are results of these
differences
 IP and Developed and Developing
Countries

• Developed countries are interested in deriving

full economic benefits from their innovation,
knowledge and technology while protecting
their interests through strong IP laws.
• Developing countries, by contrast, tend to
favour weaker IP protection.
 Developed countries on strong IP
protection
• Strong IP laws are necessary to protect the
investment of significant resources in
developing their products.
• IP protection will make a developing country
an attractive place to do business
• Developed countries put pressure on
developing countries to enact IP laws that
recognizes strong IP protection.
 Developing countries on weak IP
protection
• Not every developing country buys into the
developed nations’ philosophy on strong
intellectual property rights.
• Many argue that they need access to
advanced technology and knowledge, which
are necessary tools for industrial
development, mordenization and
competitiveness in the modern economy
 Developing countries on weak IP
protection
• IP laws are used by MNEs and developed
countries either to deny access altogether to
advanced technology or to limit access by
imposing burdensome royalties and licensing
fees
• IP rights are used to restrict the development
of developing countries and to maintain a
large gap between developed and developing
countries.
 IP System?
• Individual national IP laws that establish IP
rights within each nation’s borders and are
administers by domestic patent/copyright/TM
office generally, and
• International and multinational IP treaties
that establish the minimum standards of
protection for those national IP laws, and
administered by WTO mainly and also by
WIPO.
 Branches of IP law
• Patent
• Copyright
• Trademark
• Geographical Indication (GI)
• Traditional Knowledge (TK)
 IP and Development

• Patent – invention – Technological and

industrial development
• Copyright – Literary and artistic work –
cultural development
• Trademark – business – commercial
development
 Rationale for Protection
• Natural Right Theory – as right the creator of the
property is entitled to protection
• Bargain Theory – State will give the protection
and in return of that protection creator will
exploit the creation so that all will be benefited
from the new creation
• TRIPS Obligation – IP is a commodity. So to
ensure free movement of products/commodity
States are bound to provide protection to the
creators.
 IP Protection and Ethical issues
• Legally ethical – give protection to the creator
of the invention
• But it creates monopoly
• The patentee can exclude others from
exploiting the patented invention
• Remedy – compulsory licensing system
• Grounds – non exploitation of the invention;
failing to satisfy the need; necessary for the
public.
 Objectives of IPRs
• To encourage and reward creative work
• To protects the investments in the development
of technology
• To stimulate and ensure fair competition
• To protect consumer choices
• To facilitate transfer of technology in the form of
FDI, joint ventures and licensing
• To achieve the balance of rights and obligations
Basic principles of IP law

• National Treatment
• Territorial protection
• Independent protection