IPR issues in Environmental Biotechnology.pdf

IPR issues in Environmental Biotechnology.pdf

• 1.
  INTRODUCTION TO INTELLECTUAL PROPERTYRIGHTS
• 2.
  DEFINITION TO IPRAND IP- • Intellectual property rights 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. • Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.
• 3.
  TYPES OF IPR •Trademarks • Copyright • Patents • Trade secrets • Design
• 4.
  TRADEMARKS A trademark isa distinctive sign which is used to distinguish the products or services of one business from others. Trademarks are often closely linked to brands. Atrademark (also written trade mark or trade-mark[1]) is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others,[2][3] although trademarks used to identify services are usually called service marks.[4][5] The trademark owner can be an individual, business organization, or any legal entity.
• 5.
  COPYRIGHTS • A copyrightis a collection of rights that automatically vest to someone who creates an original work of authorship – like a literary work, song, movie or software. These rights include the right to reproduce the work, to prepare derivative works, to distribute copies, and to perform and display the work publicly. • Examples include books, poems, plays, songs, films, and artwork.
• 6.
  PATENTS • patent isa form of intellectual property that gives its owner the legal right to exclude others from making, using, selling and importing an invention for a limited period of years, in exchange for publishing an enabling public disclosure of the invention. In most countries patent rights fall under civil law and the patent holder needs to sue someone infringing the patent in order to enforce his or her rights. In some industries patents are an essential form of competitive advantage; in others they are irrelevant.
• 7.
  TRADE SECRETS • Tradesecrets are a type of intellectual property that comprise formulas, practices, processes, designs, instruments, patterns, or compilations of information that have inherent economic value because they are not generally known or readily ascertainable by others, and which the owner takes reasonable measures to keep secret.[1] In some jurisdictions, such secrets are referred to as confidential information. • Examples of Trade Secrets • Information that can be kept as a trade secret includes formulas, patterns, compilations, programs, devices, methods, techniques, or processes. Some examples of trade secrets include customer lists and manufacturing processes. The economic value of the information can be actual or potential.
• 8.
  DESIGN • The industrialdesign recognizes the creation new and original features of new shape, configuration, surface pattern, ornamentations and composition of lines or colors applied to articles which in the finished state appeal to and are judged solely by the eye.
• 9.
  INTERNATIONAL ORGANIZATIONS AND TREATIESRELATED TO IPR • WIPO • INTA • Madrid protocol • Paris convention • GATT • TRIPS
• 10.
  WIPO • The WorldIntellectual Property Organization (WIPO; French: Organisation mondiale de la propriété intellectuelle (OMPI)) is one of the 15 specialized agencies of the United Nations • WIPO was created to promote and protect intellectual property (IP) across the world by cooperating with countries as well as international organizations. It began operations on 26April 1970 when the convention entered into force. • WIPO's activities including hosting forums to discuss and shape international IP rules and policies, providing global services that register and protect IP in different countries. • WIPO administers 26 international treaties that concern a wide variety of IP issues, ranging from the protection of broadcasts to establishing international patent classification.
• 11.
  INTA • The InternationalTrademark Association (INTA) is a global not-for-profit advocacy association of brand owners and professionals dedicated to supporting trademarks and related intellectual property to foster consumer trust, economic growth, and innovation. • INTA undertakes advocacy work throughout the world to advance trademarks and offers educational programs and informational and legal resources of global interest. • NTA’s members are more than 7,200 organizations from 187 countries • INTA, originally known as the United States Trademark Association (USTA), was established in November 1878 in New York City
• 12.
  Madrid Protocol • Protocolon Environmental Protection to the Antarctic Treaty (The Madrid Protocol) The Protocol on Environmental Protection to the Antarctic Treaty (also known as the Madrid Protocol) provides for comprehensive protection of Antarctica, the last great wilderness on earth. • The Madrid System is a convenient and cost-effective solution for registering and managing trademarks worldwide. File a single application and pay one set of fees to apply for protection in up to 122 countries.
• 13.
  Paris convention • TheParis Convention, adopted in 1883, applies to industrial property in the widest sense, including patents, trademarks, industrial designs, utility models, service marks, trade names, geographical indications and the repression of unfair competition. • This international agreement was the first major step taken to help creators ensure that their intellectual works were protected in other countries. • Paris Convention for the Protection of Industrial Property. The Paris Convention for the Protection of Industrial Property, signed in Paris, France, on 20 March 1883, was one of the first intellectual property treaties. It established a Union for the protection of industrial property.
• 14.
  GATT • The GeneralAgreementon Tariffs and Trade (GATT) is a legal agreement between many countries, whose overall purpose was to promote international trade by reducing or eliminating trade barriers such as tariffs or quotas. • The GeneralAgreement on Tariffs and Trade (GATT) is a multilateral agreement regulating international trade, the purpose of which is the “substantial reduction of tariffs and other trade barriers and the elimination of preferences, on a reciprocal and mutually advantageous basis”. • The GeneralAgreement on Tariffs and Trade (GATT) is a legal agreement between many countries, whose overall purpose was to promote international trade by reducing or eliminating trade barriers such as tariffs or quotas.The GATT, and its successor the WTO, have successfully reduced tariffs.
• 15.
  TRIPS Agreement • TheAgreement on Trade-Related Aspects of Intellectual Property Rights is an international legal agreement between all the member nations of the World Trade Organization. • It sets down minimum standards for the regulation by national governments of many forms of intellectual property (IP) as applied to nationals of other WTO member nations. • TRIPS was negotiated at the end of the Uruguay Round of the GeneralAgreement on Tariffs and Trade (GATT) between 1989 and 1990[4] and is administered by the WTO.