New Doc 2021-07-15 114157

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International Dimension of Intellectual Property coperty may be studied throu property rights in global context. gh the following International dimension of Intellectual Pr international treaties governing intellectual tion of Industrial Property 1 Property, signed in Paris, France, on Paris Convention for the Protec treaties. It established a Union ‘The Paris Convention for the Protection of Industr 20 March 1883, was one of the first intellectual ps pert} for the protection of industrial property. It addresses patents, trademarks, unfair competi- strial property of industrial tion whether or not implicating marks, and the related indus possibly trade secrets within designs, utility models, geographical indications, trade names, the context of unfair competition, but not canytight The Convention is still in force as of. 3014 and is administered by the World Intellectual Property Organization (WIPO), based in Geneva, Switzerland. geeenias ese Contracting Members The Convention was initially (i.e. in 1883) signed by 11 countries, namely: Belgium, Brazil, France, Guatemala, Itaty, erlands, Portugal, El Salvador, Serbia, Spain and Switzerland. As of September 2014, the ‘Convention has 176 contracting member countries including India of course, which makes it one of the most widely adopted treaties worldwide. Notably, Taiwan and Burma are not parties to the Convention. However, according to ‘Amicle 27 of its Patent Act, Taiwan recognizes priority claims from contracting members. Substantive Provisions of the Convention provisions of the Convention fall into three main categories: national ity right and common rules The substantive treatment, pri National treatment According to Articles 2 and 3 of this treaty, juristic and natural persons who are either national of or domiciled in a state party to the Convention shall, as regards the protection of industrial property, enjoy in all the other countries ‘of the Union, the advantages that when an applicant files an application for their respective laws grant to nationals, That is, a patent or a trademark in a foreign country member of the Union, the application receives the same treatment as if it came from a national of this foreign country. Priority right The ‘Convention priority right’, also called ‘Paris Convention priority right’ or “Union les that an applicant from one contracting State shall be able to use ther priority right’, pro its first filing date (one of the contracting State) as the effective filing date in ano! Berne Convention fe . or the P ‘i ‘ Artistic Works totection of Literary and The Berne i de i S eee ee for the Protection of Literary and Artistic Works, usually known as ie -Onvention, is an international agreement Soverning copyright, which was first Accepted in Berne, Switzerland, in 1886. The Berne Convention ollovct cake hoceem ok the Paris Convention for the Protection of Industrial Property of 1883, which in the same way had created a framework for international | integration of the other types of intellectual Property: patents, trademarks and industrial designs except the copyright Like the Paris Convention, the Berne Convention set up two bufeaus to handle administrative tasks. In 1893 these two small bureaus merged and became the roa International Bureau for the Protection of Intellectual Property (BIRPD) stated in Bese In 1960, BIRPI moved to Geneva, to be closer to the United Nations and other interationa dts i i i Id Intellectual Property Organization ‘ity. In 1967 it became the Worl Pee eat sponte ‘izati rithin the United Nations. As of September (WIPO), and in 1974 became an organization wih the United Nason Aso! Sree 3014, there are 168 nations including India that are parties to i d ember states. d cinematographic inchades 167 UN ery rates that all works except photographic and cinematographic AcThe Beme Conte ee fter the author's death, but partes null be copyrighted for at least 50 years a sha

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