Professional Documents
Culture Documents
Intellectual Property Rights
Intellectual Property Rights
Intellectual Property Rights
GROUP 10
PRESENTATION OUTLINE
CONCEPT
Rights given to persons over the creations of their minds OBJECTIVES -Financial objective -Economic growth
HISTORY
History of patents does not begin with inventions, but rather with royal grants by Queen Elizabeth I (15581603) for monopoly privileges. North German Confederation (1867) Paris Convention (1883) Berne Convention (1886) United International Bureaux for the Protection of Intellectual Property (1893) Organization subsequently relocated to Geneva in 1960 World Intellectual Property Organization (WIPO, 1967)
TRIPS
1st January 1995 DIMENTIONS OF IP -Copyright and related rights -Trademarks including service marks; -Geographical indications including appellations of origin; -Industrial designs; -Patents including the protection of new varieties of plants; -Layout-designs of integrated circuits; -Undisclosed information including trade secrets and test data.
FEATURES OF TRIPS
COPYRIGHTS
Paris Act of 1971 of the Berne Convention Rules defined in Articles 1 to 21 along with Appendix in constitution of Berne Convention
TRADEMARKS
Any sign, or any combination of signs, capable of distinguishing the goods and services of one undertaking from those of other undertakings, must be eligible for registration as a trademark, provided that it is visually perceptible. Applicable to services
PATENTS
Any inventions, whether products or processes, in all fields of technology without discrimination, subject to the normal tests of novelty, inventiveness and industrial applicability Article 27 The exclusive rights that must be conferred by a product patent are the ones of making, using, offering for sale, selling, and importing for these purposes.
INTEGRATED CIRCUITS
Treaty on Intellectual Property in Respect of Integrated Circuits (IPIC) Well defined terms- Integrated circuit, layout-design (topography)
IMPLEMENTATION BY MEMBERS
All members of WTO by default abide by TRIPS Agreement allows countries different periods of time to delay applying its provisions. These delays define the transition from before the agreement came into force (before 1 January 1995) until it is applied in member countries -Developed countries(1 year) -Developing countries(4 years) -Least developed countries( 11 years)
IPR IN INDIA
Copyright law- May, 1994 Member of Berne Convention on copyrights The Patents(Amendment) Act, 1999 The Trade Marks Bill, 1999 The Copyright (Amendment) Act, 1999 Geographical Indications of Goods (Registration & Protection) Bill, 1999 The Industrial Designs Bill, 1999 The Patents (Second Amendment) Bill, 1999
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