Intellectual Property Notes Essay Example

Intellectual Property Notes Essay One of the most valuable and neglected property of yours! OR You might be neglecting one of your most valuable properties! OR One of the most valuable properties of yours! If you ask someone walking down the street and ask him â€Å"What is a property? † Brand  is a name, design, symbol, or any other feature that identifies one sellers good or service as distinct from those of other sellers. What is a brand? * Brand  is a name, design, symbol, or any other feature that identifies one sellers good or service as distinct from those of other sellers.Example: Coca Cola  is a brand which is the intellectual property of The Coca-Cola Company. Apple is a brand which is the intellectual property of Apple Inc. * It is the most valuable fixed asset of any corporation. * Branding is a concept where consumers buy ‘the brand’ instead of the product. * Brand name, logo, design and any other attributes associated with it, are part of the brand and eventually part of intell ectual property. * Brand is a part of intellectual property. What is Intellectual Property (IP)? It is a legal concept, which refers to the creations of mind for which exclusive rights are recognized. * Creations of mind include: * inventions * literary and artistic works * formulas * symbols * names * images * designs used in commerce. * IP involves patents, copyright, trademarks, designs, brands etc. * It can also be defined as â€Å"information with a commercial value†. Types of intellectual property * Trademarks, including service marks * Copyright and related rights * Geographical indications * Industrial designs * Patents * Layout-designs (topographies) of integrated circuits Undisclosed information, including trade secrets Categories of Intellectual Property (IP) * IP is divided into two categories: 1. Industrial property: * inventions (patents) * trademarks * industrial designs * geographic indications of source 2. Copyrights Rights: a. Copyrights: i. literary works * novels * poems * plays * films * musical works ii. artistic works * drawings * paintings * photographs * sculptures * architectural designs b. Rights related to copyright: iii. performances of performing artists, iv. producers of phonograms in their recordings, . Broadcasters in their radio and television programs. Copyright  © * It is the â€Å"right to copy†, a form of â€Å"intellectual property† applicable to any expressible form of an idea or information that is distinct and applicable. * A legal concept in which a set of exclusive rights are granted to the creator/owner of an original work for a limited period of time to protect the originality of work piece. * They do not extend beyond the territory of a specific state unless that state is a party to the international agreement of ‘Copyright’. It is moral and economic right of authors, writers, publishers, performers and producers of sound recordings (phonograms). * The duration of copyright pro tection is life time of the author plus 50 years thereafter. The Exclusive Rights of Copyright  © * Only the copyright holder is free to exercise exclusive rights while others are prohibited from using the work without the copyright holder’s permission. * Major exclusive rights include: * To produce copies or reproductions of the work and to sell those copies (including electronic copies) * To import or export the work To create derivative works (adaptation from original work) * To perform or display the work publicly * To sell or assign copyrights to others * To transmit or display by radio or video Categories of Copyright Work/Registration Intellectual Property Organization (IPO), Pakistan has categorized the Copyright work/registration into following: Part-I:  Literary works * Books, * Magazines, * Journals, * Lectures, * Sermons, * Dramas, * Novels, * Computer Programs and * Compilation of Data Part-II:  Artistic works * Paintings, * Photographs, * Maps, * Charts, C alligraphies, * Sculptures, * Architectural Works, * Drawings, * Label Designs, * Logos, * Monograms etc. Part-III:  Cinematographic works * Motion Pictures, * Video Cassettes, * VCD’s, * DVD’s  Ã‚   etc. Part-IV:  Records Works * Audio Cassettes * CDs What is Copyright Infringement/Piracy? * It is the unauthorized and illegitimate use of materials held by copyright. * Infringing the copyright holder’s â€Å"exclusive rights†. * The copying of â€Å"intellectual property† without written permission from the copyright holder. What are Intellectual Property Rights (IPR)? IPR are the rights given to persons over the creations of their minds. * They usually give the creator an exclusive right over the use of his/her creation for a certain period of time. * IPR are customarily divided into two main areas: c. Copyright and rights related to copyright: The rights of authors of literary and artistic works (such as books and other writings, musical co mpositions, paintings, sculpture, computer programs and films) are protected by copyright, for a minimum period of 50  years after the death of the author. . Industrial property: Industrial property can usefully be divided into two main areas: vi. Protection of distinctive signs, in particular trademarks and geographical indications to ensure fair competition and to protect consumers, by enabling them to make informed choices. vii. Other types of industrial property are protected primarily to stimulate innovation, design and the creation of technology such as inventions (protected by patents), industrial designs and trade secrets.The protection is usually given for a finite term (typically 20 years in the case of patents). What is WIPO? * WIPO was established in 1967 and stands for World Intellectual Property Organization. * In 1974, WIPO joined the system of United Nations, becoming one of 15 specialized UN agencies dedicated to the use of intellectual property to encourage innov ation and creativity. * WIPO has currently 185 member states, which accounts for more than 90 percent of the countries of the world. These member states determine the strategic direction and activities of the Organization by meeting in the assemblies, committees and working groups which are WIPO decision-making bodies. What does WIPO do? * WIPO is to promote innovation and creativity for the economic, social and cultural development of all countries, through a balanced and effective international intellectual property system through: * Services systems which make it easier to obtain protection internationally for patents, trademarks, designs and labels of origin; and to resolve IP related disputes. Laws helping in developing the international legal IP framework in line with society’s evolving needs. * Infrastructure by building collaborative networks and technical platforms to share knowledge and simplify IP transactions, including free databases and tools for exchanging info rmation. * Development by building capacity in the use of IP to support economic development. How WIPO Works? * The WIPO Convention sets out terms governing WIPO’s mandate, functions, finances and procedures. * WIPO works with a wide spectrum of takeholders, including other inter-governmental organizations, non-governmental organizations, representatives of civil society and industry groups. * Some 250 NGOs and IGOs currently have official observer status at WIPO meetings. * WIPO has 185 member states which collectively determine the direction, budget and activities of the Organization through the decision-making bodies. WTO-WIPO cooperation agreement 1995 * The WTO and WIPO cooperation agreement was signed in 1995 and share a mutually supportive relationship.What is Geographic Indication (GI)? * According to the TRIPS Agreement, a GI identifies a good as originating in a particular territory where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin (Article 22. 1). * GI does not only say where the product was made, it identifies the products special characteristics, which are the result of the product’s origins. * Well-known examples include â€Å"Champagne†, â€Å"Scotch†, â€Å"Tequila†, and â€Å"Roquefort† cheese. Wine and spirits makers are particularly concerned about the use of place names to identify products, and the TRIPS Agreement contains special provisions for these products. But the issue is also important for other types of goods. * Using the place name when the product was made elsewhere or when it does not have the usual characteristics can mislead consumers, and it can lead to unfair competition. * The TRIPS Agreement says countries have to prevent this misuse of place names. Some exceptions are allowed, for example if the name is already protected as a trademark or if it has become a generic term. * For example, â€Å"cheddar† now refers to a particular type of cheese not necessarily made in Cheddar, in the UK. But any country wanting to make an exception for these reasons must be willing to negotiate with the country which wants to protect the geographical indication in question. Trade-Related Aspects of Intellectual Property Rights (TRIPS) * WTO negotiated an agreement with WIPO by introducing intellectual property rules into the trading system, known as TRIPS. The policies to protect intellectual property include granting of patents, trademarks and copyrights. * TRIPS contains requirements that nations laws must meet for copyright rights, including the rights of performers, producers of sound recordings and broadcasting organizations; geographical indications, industrial designs; integrated circuit layout-designs; patents; monopolies for the developers of new plant varieties; trademarks; trade dress; and undisclosed or confidential information. TRIPS also specifies enforcement procedures, remedies, an d dispute resolution procedures. * It establishes minimum levels of protection that each government has to give to the intellectual property of fellow WTO members. * It strikes a balance between the long term benefits and possible short term costs to society. * Society benefits in the long term when intellectual property protection encourages creation and invention, especially when the period of protection expires and the creations and inventions enter the public domain. The TRIPS agreement covers five broad issues: * Application of basic principles of the trading system and other international intellectual property agreements. * Giving adequate protection to intellectual property rights. * Enforcement by countries of these rights adequately in their own territories * Procedure to settle disputes on intellectual property between members of the WTO * Special transitional arrangements during the period when the new system is being introduced. TRIPS requires member states to provide st rong protection for intellectual property rights. * Under TRIPS: * Copyright terms must extend at least 50 years, unless based on the life of the author. (Art. 12 and 14) * Copyright must be granted automatically. (Art. 9) * Computer programs must be regarded as literary works under copyright law and receive the same terms of protection. * Patents must be granted for inventions in all fields of technology provided they meet all other patentability requirements and must be enforceable for at least 20 years (Art 33). Exceptions to exclusive rights must be limited (Art. 13 Art  30) * Legitimate interests of third parties have to be taken into account by patent rights (Art  30). What is WTO? * WTO stands for World Trade Organization, which was established on 1st January, 1995 with its head-quarters located at Geneva, Switzerland. As on 24 August, 2012, WTO has 157 countries as members. What does WTO do? * WTO operates and deals with a system of trade rules between nations on a glob al or near-global level. * It is an organization for trade opening. It is a forum for governments to negotiate trade agreements, to settle trade disputes with aims for liberalizing trade. * It is a place where member governments try to sort out their trade problems with each other. Functions of WTO * Administering WTO trade agreements * Forum for trade negotiations * Handling trade disputes * Monitoring national trade policies * Technical assistance and training for developing countries * Cooperation with other international organizations WTO- Purpose * WTO settles trade related disputes among countries involving conflict of interests. WTO is all about negotiations and everything done by WTO is the result of negotiations, which are signed by the bulk of world’s trading nations. * These documents provide the legal ground rules for international commerce and are essentially contracts, which bind governments to keep their trade policies within agreed limits. * The goal of such c ontractual bindings is to help producers of goods and services, exporters, and importers to conduct their business, while allowing governments to meet social and environmental objectives. WTO helps trade flow as freely as possible, as long as there are no undesirable side-effects. * It ensures that individuals, companies and governments know what the trade rules are around the world while giving them confidence that there will be no sudden changes of policy as the rules have to be â€Å"transparent† and â€Å"predictable†. WTO Trade Barriers * Trade liberalization or free trade involves the removal of trade restrictions or barriers on the free exchange of goods between nations. * Trade barriers include custom duties or tariffs and non-tariffs barriers, such as import bans or quotas restrictions. WTO negotiations have helped to liberalize trade by lowering these trade barriers especially for countries which have faced them and wanted them lowered. * However, WTO rules support maintaining trade barriers in some circumstances such as consumer protection, environment protection and disease prevention. WTO Agreements * WTO agreements cover principles of liberalization such as: * Transparent trade policies * Procedures in place for settling disputes * Lowering tariffs and barriers etc. * Any change in policies would have to be notified to WTO.WTO- Basic Trading Rules or Principles * Non-Discrimination: e. This rule has two major components which are incorporated in major WTO rules on goods, services and intellectual property. viii. The Most Favored Nation (MFN) Rule: A WTO member countries cannot discriminate between their trading partners e. g. if a country grants special favor to another country, the same will have to be granted to all other WTO members. ix. National Treatment Policy: Imported and locally-produced goods should be treated equally. * Freer Trade: f.To liberalize trade, lowering trade barriers including custom duties, tariffs, import bans or quotas restricting quantities selectively gradually through negotiations. g. It also discourage the use of quotas used to set limits on quantities of imports as it can lead to more accusations of unfair play or non-tariff barriers such as red tape, which involves agreements dealing with various bureaucratic or legal issues causing hindrances to trade such as import licensing, rules for the valuation of goods at customs, pre-shipment inspection involving further checks on imports, investment measures and rules of origin such as made in where? tc. * Predictability through binding transparency: h. WTO’s multilateral trading system is an attempt to make the business environment more stable and predictable while making countries’ trade rules as clear and public (â€Å"transparent†) as possible. * Promoting Fair Competition: WTO agreements support fair competition especially in agriculture, intellectual property, services, etc. Encouraging development and ec onomic reform: WTO system contributes to development by allowing countries to implement trade liberalization programs with flexibility of time. WTO Pakistan * Pakistan has been a WTO member since its inception and is one of the founder Members of the WTO since its inception. * Pakistan has been following an export led growth strategy since market access is of vital importance for its businesses.