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Intellectual Property Mid

The document discusses intellectual property (IP), including its definition, types, history of IP laws and conventions, and the purpose and scope of IP rights protection. It notes that anyone can create IP by coming up with new ideas or creations. There are three main types of IP: trademarks, patents, and copyrights. Major IP conventions discussed include the Paris Convention, Berne Convention, TRIPS Agreement, and World Intellectual Property Organization (WIPO).

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Sayyad Seenan Ahmad
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27 views

Intellectual Property Mid

The document discusses intellectual property (IP), including its definition, types, history of IP laws and conventions, and the purpose and scope of IP rights protection. It notes that anyone can create IP by coming up with new ideas or creations. There are three main types of IP: trademarks, patents, and copyrights. Major IP conventions discussed include the Paris Convention, Berne Convention, TRIPS Agreement, and World Intellectual Property Organization (WIPO).

Uploaded by

Sayyad Seenan Ahmad
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Intellectual Property

Intellectual
In law, 'intellectual' means things that come from people's minds, like ideas, art, inventions,
and designs. Intellectual property law helps protect these things and gives their creators
special rights for some time.

What is IP
IP stands for 'Intellectual Property.' It includes things like inventions, art, and brand names.
Laws protect these creations and give their creators special rights.

Who can create IP?


Anyone who comes up with new ideas or things like art, inventions, or brand names can
create intellectual property.
● Registration of IP is necessary.
● They are intangible

Types of IP
1. Trade mark: logo, shape, label etc
2. Patent: Provides protection to the inventor under patent act, the idea must be unique.
3. Copyright: Protects original creative works like books, music, art, etc. Gives creators
control over use and distribution for a specific time.

History
The Statute of Anne in 1710 marked the world's first copyright law, protecting authors' rights.
The 19th and 20th centuries saw the emergence of international IP treaties.

● The Paris Convention is an international treaty from 1883 that helps protect patents,
trademarks, and industrial designs across different countries by ensuring fair
treatment for inventors and creators.
Protection: Today, IP laws globally safeguard innovations, creations, and brands, fostering
creativity and economic growth.
● Berne Convention, established in 1886: It sets standards for copyright laws among
its member countries, ensuring that creators from one member country are granted
similar rights and protections in other member countries without the need for formal
registration.
● The above two conventions passed in Switzerland and are called the Bill of rights.
● WIPO: (World Intellectual Property Organization) combines elements of the Paris and
Berne Conventions. It helps set global standards for intellectual property rights and
provides a platform for international cooperation among member countries.
● WITO 1995: (World Trade Organization) was established in 1995. It oversees
international trade rules between nations, including agreements related to intellectual
property, aiming to promote fair and transparent global commerce among member
countries.
● The Paris Convention, dating back to 1883, safeguards industrial property rights
internationally. It allows for mutual recognition of patents, trademarks, and designs
among member nations, ensuring equitable treatment for creators and inventors.

Purpose
For the protection of IP rights.

Scope
The scope of Intellectual Property (IP) covers creations of the mind, such as inventions,
artistic works, designs, trademarks, and confidential business information. It involves legal
protections granting exclusive rights to creators or owners.

Provisions
There are 3 provisions
1. National Treatment: Ensures foreign creators receive the same rights as domestic
ones in a country.
2. Right of Priority: Allows filing for protection in other countries based on an initial
application's date.
3. Common Rules: Provides standardised guidelines for IP protection among member
nations.

Rights of priority
Rights of priority refer to the privilege granted to an inventor or creator allowing them to file
for protection (such as a patent or trademark) in other countries based on an earlier
application's date in their home country. This ensures they can secure similar rights in other
nations without losing the original filing date's benefits.

Common rule
It dictates the acceptance or rejection of intellectual property applications. Refusal occurs
when an application does not meet the established criteria or requirements.

Registration
The registration of intellectual property involves the formal process of obtaining legal
recognition and protection for creations like patents, trademarks, copyrights, or designs by
filing applications with the appropriate government or authorised entity.
Prohibition
Prohibition in intellectual property refers to the legal restrictions or exclusions preventing
unauthorised use, reproduction, or distribution of protected creations by individuals or
entities without the owner's permission.

Union of Convention
The "Union of conventions" typically refers to international agreements or treaties where
multiple countries or parties come together to establish common rules or standards, such as
those seen in intellectual property conventions like the Berne Convention or the Paris
Convention. These agreements aim to harmonise regulations across borders for better
protection of intellectual property rights among member nations.

Provisions of Berne Convention


● Automatic Protection: Creations, once created and fixed in a tangible medium,
receive automatic copyright protection without the need for formal registration or
other formalities.
● National Treatment: Foreign creators are granted the same rights as domestic
creators in member countries.
● Exclusive Rights: Creators have exclusive rights over the use, reproduction,
distribution, and adaptation of their works.

Rights under Berne Convention


● Reproduction Right: The exclusive right to reproduce their work in various forms or
formats.
● Distribution Right: The exclusive right to distribute copies of the work to the public.
● Public Performance Right: The exclusive right to perform the work publicly, such as
in theaters or concerts.
● Adaptation Right: The exclusive right to create derivative works or adaptations
based on the original work.
● Display Right: The exclusive right to display the work publicly, particularly in the
case of visual arts.
● Moral Rights: Rights that protect the integrity and attribution of the work, allowing
authors to claim authorship and object to any distortion, mutilation, or modification
that could harm their honor or reputation.

Exceptions and limitations


● Educational Use: Allows for the use of copyrighted works for educational purposes,
including teaching and research.
● Quotation: Permits the use of excerpts or quotations from copyrighted works,
respecting fair practice and proper attribution.
● Parody and Satire: Provides leeway for the creation of parodies or satires that may
use copyrighted material for commentary or humor.
● Library and Archive Use: Allows libraries and archives to reproduce works for
preservation, research, and public access.
● Private Use: Allows individuals to make copies of works for personal use without
infringing on copyright, as long as it's not for commercial purposes.
● Fair Use/Fair Dealing: Allows for the limited use of copyrighted material without
permission for specific purposes such as criticism, review, or news reporting,
depending on national laws that implement this concept.
● Public Interest: Permits the use of copyrighted material in cases where it serves the
public interest, like for the benefit of people with disabilities or for public information.

World Intellectual Property Organization


● Establishment: Founded in 1967 as a specialized agency of the United Nations.
● Objective: Aims to promote and protect intellectual property (IP) across the world.
● Services: Provides a global forum for IP services, policy, information, and
cooperation among member states.
● Headquarters: Based in Geneva, Switzerland.
● Member States: Consists of nearly all countries globally, with 193 member states as
of the latest update.
● Treaties and Agreements: Administers international IP treaties like the Berne
Convention, Paris Convention, TRIPS Agreement, among others.
● Assistance and Capacity Building: Offers assistance to countries in developing IP
systems and capacity building.
● Research and Development: Conducts research and provides resources on IP-
related issues.
● Patent and Trademark Systems: Facilitates patent and trademark applications and
registrations through the Patent Cooperation Treaty (PCT) and Madrid System for
trademarks.
● Global IP Databases: Provides access to various databases containing information
on patents, trademarks, and other IP-related matters.
● Technical Assistance: Offers technical support, training, and education on IP
matters to member countries and stakeholders.

Objectives of WIPO
Promotion and Protection: Promoting the use and protection of intellectual property rights
(IPRs) globally.

Structure and Composition of WIPO


General Assembly: The highest decision-making body consisting of all WIPO member
states, meeting annually to set policies and budgets.
WIPO Conference: A diplomatic conference, open to all member states, convened
occasionally to address specific intellectual property matters.
Coordination Committees: These committees, including the Program and Budget
Committee and the Coordination Committee, handle specific aspects of WIPO's work, such
as finances, programs, and policies.
Secretariat: Comprising the Director General and staff, responsible for day-to-day
operations, implementation of policies, and providing support to member states.

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