WTO INTELLECTUAL PROPERTY RIGHTS

Presented By: Pragya Mishra Pushpesh Kumar Rekha T. Roopam Chand Santosh Singh Sidharth Singhal

The agreement covers five broad issues

How

basic principles of the trading system and other international intellectual property agreements should be applied How to give adequate protection to intellectual property rights How countries should enforce those rights adequately in their own territories How to settle disputes on intellectual property between members of the WTO Special transitional arrangements during the period when the new system is being introduced.

What is Intellectual Property?

Intellectual

Property comprises 2 distinct

forms:

Literary & Artistic Works Industrial Property

Literary & Artistic Works

* They are books, paintings, musical compositions, plays, operas, movies, radio/tv programs,
performances, & other artistic works.
How

are they Protected? * Protected by Copyright which provides the individual author or artist the exclusive right to do certain things with an original work, including the right to reproduce, publish, perform the work in public, & to make adaptations of it & benefit thereby.

Industrial Property
Industrial Property describes physical matter that is the product of an idea or concept or that is developed specifically for commercial purposes.
Industrial

Property include? * Patented objects * Trademarks * Industrial Designs * Trade Secrets * Layout-designs of Integrated Circuits * Geographical Indications

Why Protect Intellectual Property?

1)

Because one has expend a lot of investment into production of new & innovative products & they have a right, at least for a period of time, to: Have their name associated with their product and/or their authorship associated with it

Get paid for their efforts & to recover their investment, and
Frustrate the efforts of free riders to make money off their efforts & investment whilst not having any input.

2) Protection stimulates creativity and innovation necessary for productivity, competitiveness, and national economic development

Copyright
Copyright is the exclusive right to do certain things with an original work, including the right to reproduce, publish, perform the work in public, & to make adaptations of it. Copyright is a right, which is available for creating an original literary or dramatic or musical or artistic work. include Cinematographic films and Computer programs and software

Main Provision of Copy Rights

Protection of works covered by the Berne Convention excluding moral rights to the expression Protection of computer programs as literary works & of compilations of data. Recognition of rental rights, at least for phonograms, computer programs, & for cinematographic works.

Exceptions to exclusive rights must be limited to special cases which do not conflict with normal exploitation of the work & do not unreasonably prejudice the legitimate interests of the rightsholder. Recognition of the 50 year minimum exclusivity term for works Recognition of rights of performers, producers of phonograms, & broadcasting organizations

Examples of Copyrights

Literary works including books, poems, theses, and publications Motions pictures and dramatic works Computer software and animations Songs, song lyrics, sound recordings, and music Photographs, graphics, images, pictures Web pages Works of art including paintings, sculptures, architecture, and computer graphics Educational materials including texts and tests

Geographical Indications

Geographical indications are place, names, used to identify the origin and quality, reputation are other characteristics of products.

DARJEELING

U.S. Registration No. 2,685,923 For Tea (Registrant: Tea Board of India)

The certification mark, as used

by authorized persons, certifies that the tea contains at least one hundred percent (100%) tea originating in the Darjeeling region of India and that the blend meets other specifications established by the certifier.

COLOMBIAN

U.S. Registration No. 1,160,492 (registered July 7, 1981) For coffee

The mark certifies that the coffee was grown in the Republic of Colombia and that such coffee has been subjected to standards inspection authorized by applicant and passing recognized current minimum quality standards required for such export as set and enforce by said federation.

Art. 22: Geographical Indications

Indications which identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographic origin. GIs are a subset of trademarks because they are source-identifiers, guarantees of quality, and business interests.

Art. 23: Additional protection for geographical indications for wines and spirits

Preventing usage of expressions such as kind, type, style, imitation or the like when identifying wines are spirits not originating in the place indicated by the geographical indication in question.

Geographical Indication of Goods Act, 1999

Provide registration and protection of GI relating to goods. Prevent deception by unauthorized persons. Prevent unauthorized association of quality, reputation and particular characteristics.

Layout Design of IC

The IPIC Treaty recognizes as unlawful importing, selling are otherwise distributing for commercial purposes a protected layout design without the authorization of holder to such a right.

IC Example

Indian IC Layout Design Act, 2000

Layout design means a layout of transistor & other circuitry elements and included lead wires connecting such elements and expressed in any manner in a semi-conductor IC.

The Act disallows registration for IC layout design:

Not original Commercially exploited in India That is not inherently distinctive from any other registered design.

Indian Design Act, 2000

Article means an article of manufacture and any substance artificial, or partly artificial and partly natural and includes any part of an article being made and sold separately. Design means only the feature of shape, configuration, pattern, ornament or composition of colors applied to any article whether in two dimensional or three dimensional or in both forms.

Thank You !!!!!!