International laws......................

LAws

1. International laws

2. According to the World Trade Organization, intellectual property rights are those rights that are given to persons over the creation of their minds.

3. There are three components to intellectual property rights It is related to the intelligence of the human mind, which is new and unique. It is an intangible commodity that is protected. The most important difference between any other form of property and intellectual property is that intellectual property is intangible and does not qualify to be defined or identified by the medium of physical parameters. The idea per se is not protected. The idea has to be published as a form of intellectual property, and only then is it granted protection.

4. Important Laws Paris Convention, 1883 The Paris Convention covers all forms of industrial property, such as patents, trademarks, industrial designs, utility models, geographical indications, service marks, trade names, and the prevention of unfair competition. The Paris Convention was created with two goals, which are - First, to prevent the unforeseen loss of patent protection eligibility by publishing 81 patent applications and taking part in international exhibitions before submitting national patent applications; and Second, to some extent, harmonize the various patent laws of the various countries.

5. The substantive provisions of the Convention fall into three main categories: national treatment, right of priority, common rules. Under the provisions on  national treatment , the Convention provides that, as regards the protection of industrial property, each Contracting State must grant the  same  protection to nationals of other Contracting States that it grants to its own nationals. The Convention provides for the  right of priority  in the case of patents (and utility models where they exist), marks and industrial designs. This right means that, on the basis of a regular first application filed  in one  of the Contracting States, the applicant may, within a certain period of time (12 months for patents and utility models; 6 months for industrial designs and marks), apply for protection  in any of the other  Contracting States. Common rules – They are as under: Patents– Patents issued for the same invention in different Contracting States are independent of one another. A patent cannot be refused, cancelled, or terminated in any Contracting State on the grounds that it has already been so in another Contracting State, and the granting of a patent in one Contracting State does not obligate other Contracting States to do the same. Marks– The filing and registration requirements for marks are governed by local law in each Contracting State and are not governed by the Paris Convention. Registration– A trademark’s registration in one Contracting State is unrelated to any potential registrations in other nations, including the place of origin. Trade Names– Trade names must be protected in every Contracting State without being required to file or register the names. An indication of Source– Each Contracting State is required to take action to prevent the direct or indirect use of misrepresentations regarding the origin of commodities or the identity of their producer, maker, or trader. Unfair competition– Each Contracting State shall offer adequate safeguards against unfair competition.

6. Berne Convention, 1886 States began to become more interested in the potential for international cooperation on intellectual property during the nineteenth century because of increased literacy piracy. Eight countries ratified the Berne Convention for the first time in 1886, namely- Belgium, France, Germany, Italy, Spain, Switzerland, Tunisia, and the United Kingdom. India has been a member of the Berne Convention since April 1928. The Berne Convention covers the rights of authors as well as the preservation of works. The treaty is founded on the below-mentioned fundamental principles.

7. Principles Principle of national treatment – According to the principle of national treatment, treatment is no less favourable than that provided to people belonging to other member countries as people of one’s own country. Principle of automatic protection – The principle of automatic protection provides unconditional protection which does not require any compliance with any formalities in all the member countries. Principle of independence of protection – This principle provides for intellectual Property Rights protection, specifically for copyright protection. Principle of minimum standard protection – This principle concerns original works and rights to be protected. Principle of moral rights of authors – The Convention also establishes the rights pertaining to morals, i.e., “moral rights”. The moral rights include the right to claim authorship of a work as well as the right to object to any alteration of the work, mutilation, deformation, or modification.

8. Trade-Related Aspects of Intellectual Property Rights (TRIPS) International intellectual property laws developed in the 20th century. Numerous changes were also made to the Paris and Berne Conventions. International organisational structures developed together with the signing of intellectual property treaties. International bureaux were established as a result of the Paris and Berne Conventions, and they united to become the United International Bureaux for the Protection of Intellectual Property in 1893. A new organisation , the World Intellectual Property Organisation , replaced it in 1967. The international intellectual property community, which was governed by the United International Bureaux for the Protection of Intellectual Property and later the World Intellectual Property Organisation , was governed by a set of guiding principles, the most significant of which was the concept of national treatment. The Final Act was ratified by more than 100 nations. It included a number of accords, notably the Trade-related aspects of the Intellectual Property Rights Agreement and the Agreement Establishing the World Trade Organisation .

9. Main features of Trips Standards Enforcement Settling disputes

10. Standards Agreement sets out the minimum standards of protection to be provided by each Member, in respect of each of the main areas of intellectual property covered by the TRIPS Agreement. Each of the main elements of protection is defined; * Subject-matter to be protected, * Rights to be conferred and permissible exceptions to those rights, and * Minimum duration of protection Obligations of the compliance on the pre-existing convention Paris Convention for the Protection of Industrial Property Berne Convention for the Protection of Literary and Artistic Works Also adds a substantial number of additional obligations on matters where the pre-existing conventions are silent or were seen as being inadequate TRIPS Agreement is thus sometimes referred to as a Berne and Paris-plus agreement

11. ENforcement Deals with domestic procedures and remedies for the enforcement of intellectual property rights. Lays down certain general principles applicable to all IPR enforcement procedures. In addition, it contains provisions on civil and administrative procedures and remedies, provisional measures, special requirements related to border measures and criminal procedures, which specify, in a certain amount of detail, the procedures and remedies that must be available so that right holders can effectively enforce their rights.

12. Settling Disputes Settles disputes between WTO Members about the respect of the TRIPS obligations subject to the WTO’s dispute settlement procedures.

13. Main provisions in Patents Section 5, Part II contains the following standards: Patents shall be granted for any inventions, whether products or processes, provided they are new, involve an inventive step, & are capable of industrial application. Patents shall be granted in all fields of technology. No discrimination is allowed with respect to the place of invention, or based on whether the products are locally-produced or imported Members can exclude from patentability diagnostic, therapeutic, surgical methods of treatment for humans or animals, as well as plants & animals & biological process for the production thereof. Plant varieties shall be protected by patents.

14. Main Provisions on Copyright Protection of works covered by the Berne Convention, excluding moral rights to the expression but not the ideas, procedures, methods of operation, or mathematical concepts as such. Protection of computer programs as literary works & of compilations of data. Recognition of rental rights, at least for computer programs, & for cinematographic works (except if rental has not led to widespread copying that impairs the reproduction rights). Recognition of the 50 year minimum exclusivity term for works (other than photographic or applied artworks) owned by juridical persons & for performers & phonogram producers. Recognition of rights of performers, producers of phonograms, & broadcasting organizations.

15. Provisions on Trademarks Definition of protected signs, e.g., those capable of distinguishing the goods or services of one undertaking from those of other under- takings. Service marks receive protection equivalent to that for marks for goods. Registrability, but not filing of an application, can be dependent on use. Protection of well-known TMs for goods & services. The minimum term of protection is 7 years, indefinitely renewable. A TM may be assigned without transfer of the business. Measures to combat trade in counter- feiting products should be available at the border.

16. Provisions on Industrial Designs 1) Protection should be conferred on designs which are new or original. 2) Exclusive rights can be exercised against acts for commercial purposes, including importation. 3) The minimum term of protection is 10 years.

17. Provisions for Layout Designs for Integrated Circuits: 1) The layout designs (topographies) of integrated circuits shall be protected according to the provisions of the Washington Treaty of 1989. 2) Protection shall extend to layout designs as such & to the industrial articles that incorporate them. 3) Bona fide purchasers of products involving infringing layout designs shall be liable to pay a compensation to the rights-holder after notification. 4) The term of protection is a minimum of 10 years.

18. Provisions for Trade Secrets 1) Undisclosed information is to be protected against unfair commercial practices, if the information is secret, has commercial value, & is subject to steps to keep it secret. 2) Secret data submitted for the approval of new chemical entities for pharmaceutical & agrochemical products should be protected against unfair commercial use & disclosure by governments.

19. Provisions for Geographical Indications 1) WTO Members are obligated under TRIPS Art. 22.2 to provide legal means for interested parties to prevent: * use of any means in the designation or presentation of a good that indicates or suggests that the good originates in a geographical area other than the true place of origin in a manner that misleads the public as to its true origin; or * any use that constitutes an act of unfair competition within the meaning of Paris Convention of 1967. 2) Members are also required to refuse or invalidate registration of a TM that contains or consists of a geographical indication with respect to goods not originating in the territory indicated, if it would mislead the public as to the true place of origin.

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