B.Sc. Agriculture - 5th Semester
Intellectual Property Rights
Credit- 1(1+0)
Unit-I
1. Introduction & meaning of intellectual property,
2. a brief introduction to GATT, WTO, TRIPs & WIPO,
3. Treaties for IPR protection : Madrid Protocol, Berne Convention, Budapest treatyy, etc
1. Introduction & meaning of intellectual property
Intellectual Property (IP) refers to the creation of the mind, such as inventions, literary and artistic works, designs, symbols, names, and images, which are used in commerce. It is a term used to describe the legal rights that arise from the creations of the human intellect. The purpose of IP is to protect the exclusive rights of the creators and innovators over their intellectual creations.
IP is divided into two categories: industrial property and copyright. Industrial property includes inventions, trademarks, geographical indications, and designs, while copyright covers literary and artistic works such as novels, poems, and plays, music, films, and art.
The main aim of intellectual property protection is to encourage innovation and creativity by providing exclusive rights to creators and inventors. It allows them to control the use of their creations and benefit from them. Intellectual property rights provide a legal framework for the protection and enforcement of such creations.
IP is protected by law, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. The goal of the intellectual property (IP) system is to encourage creativity and new ideas. It does this by making sure that inventors and creators are rewarded for their work, while also making sure that everyone else benefits from it too.
Intellectual property rights are granted for a limited period, and the duration varies depending on the type of protection. Patents, for example, are granted for 20 years from the date of filing, while copyright protection lasts for the lifetime of the creator plus a certain number of years after their death.
IP is an essential aspect of many industries, including technology, pharmaceuticals, entertainment, and fashion. It enables businesses to differentiate their products and services, establish brand recognition, and gain a competitive advantage in the marketplace.
Intellectual property rights are enforced through legal remedies such as injunctions, damages, and royalties. They are essential to fostering innovation, creativity, and economic growth, but they also raise important social and ethical questions about access to knowledge, cultural expression, and the balance between private and public interests.
In summary, intellectual property is a term used to describe the legal rights that arise from the creations of the human intellect. It covers a range of creations, including inventions, literary and artistic works, designs, symbols, names, and images, which are used in commerce. The main aim of IP protection is to encourage innovation and creativity by providing exclusive rights to creators and inventors, which allows them to control the use of their creations and benefit from them.
2. A brief introduction to GATT, WTO, TRIPs & WIPO
GATT
The General Agreement on Tariffs and Trade (GATT) was an international treaty that was signed in 1947 and came into force in 1948. The treaty was designed to promote free trade and reduce barriers to international commerce. It was negotiated by representatives from 23 countries and aimed to establish rules for trade and reduce tariffs on goods traded between member countries. GATT sought to achieve its objectives by creating a framework for negotiating and enforcing trade agreements between member countries. The treaty established a series of rounds of negotiations, known as "trade rounds," in which member countries would agree to reduce or eliminate trade barriers, such as tariffs and quotas, on particular goods or services. The most significant of these rounds was the Uruguay Round, which took place between 1986 and 1994 and resulted in the creation of the World Trade Organization (WTO) in 1995. GATT also created a dispute resolution mechanism, known as the GATT Panel, which was responsible for resolving disputes between member countries related to trade issues.
The Gatt agreement was based on several principles, including the most-favored-nation principle, which required that each member country treats all other member countries equally in terms of trade, and the national treatment principle, which required that imported goods be treated no less favorably than domestically produced goods.
Over the years, GATT was successful in reducing tariffs and increasing international trade. In 1995, GATT was replaced by the World Trade Organization (WTO), which continues to promote free trade and reduce trade barriers through multilateral negotiations and dispute resolution mechanisms. The principles and rules established by GATT continue to be an important part of the international trade system and have helped to shape the modern global economy.
WTO
The World Trade Organization (WTO) is an intergovernmental organization that was established in 1995 to promote international trade and reduce barriers to trade. It replaced the General Agreement on Tariffs and Trade (GATT), which was established in 1947 and had served as the primary framework for international trade for almost half a century.
The WTO has a membership of 164 countries, which account for more than 98% of global trade. The organization's primary function is to provide a forum for member countries to negotiate and enforce international trade agreements. The WTO works to ensure that trade flows as smoothly, predictably, and freely as possible.
One of the primary ways the WTO achieves this goal is through multilateral trade negotiations. These negotiations are held periodically and involve all WTO member countries. The most recent multilateral negotiation round, the Doha Development Agenda, began in 2001 but has yet to be concluded. The WTO also engages in plurilateral negotiations, which involve a smaller group of WTO member countries, on issues such as services and government procurement.
The WTO has several other functions, including:
- Providing technical assistance and training to developing countries to help them build the capacity to participate effectively in the global trading system.
- Monitoring and analyzing global trade trends and policies.
- Providing a platform for member countries to consult and cooperate on trade-related issues.
The WTO also has a dispute settlement mechanism, which is designed to ensure that member countries comply with their WTO obligations. The dispute settlement process is based on rules and procedures that are designed to be fair, impartial, and transparent. The system has been effective in resolving trade disputes between member countries and has helped to maintain the stability and predictability of the global trading system.
Overall, the WTO plays a critical role in shaping the global trading system. By promoting free trade and reducing barriers to trade, the WTO has helped to increase global prosperity and economic growth.
TRIPS
TRIPS stands for the Agreement on Trade-Related Aspects of Intellectual Property Rights, which is a global agreement administered by the World Trade Organization (WTO). It sets minimum standards for intellectual property (IP) protection and enforcement that all WTO member countries must follow.
The agreement was adopted in 1994 and covers a range of IP rights, including patents, trademarks, copyrights, industrial designs, and trade secrets. TRIPS aims to promote innovation, technology transfer, and economic development by establishing a minimum level of IP protection that all WTO members must adhere to.
TRIPS requires WTO member countries to provide effective and enforceable IP protection, including procedures for obtaining and enforcing IP rights, and the means to prevent infringement. The agreement also requires that IP protection should not create barriers to trade or impede the transfer of technology and knowledge across borders.
The agreement has been a subject of debate and criticism, with some arguing that it promotes the interests of developed countries at the expense of developing countries. Others argue that it is essential for protecting and promoting innovation, creativity, and economic growth.
Overall, TRIPS is an important international agreement that sets minimum standards for IP protection and enforcement worldwide. Its implementation is critical for promoting innovation and technology transfer, while balancing the needs of different stakeholders in the global trading system.
WIPO
- Developing and promoting international IP treaties and agreements, such as the Paris Convention for the Protection of Industrial Property and the Patent Cooperation Treaty (PCT).
- Providing technical assistance and training to member countries to help them develop their IP systems and integrate them into the global trading system.
- Providing information and services to businesses, inventors, and creators to help them protect and manage their IP.
- Administering international IP registration systems, such as the PCT and the Madrid System for the International Registration of Marks.
3. Treaties for IPR protection:
• Madrid Protocol
The Madrid Protocol is an international treaty that provides a streamlined and cost-effective way for businesses to protect their trademarks in multiple countries. It was adopted in 1989 and is administered by the World Intellectual Property Organization (WIPO). Under the Madrid Protocol, a business can file a single application with the national trademark office of its home country, known as the "Office of Origin." The application must specify the countries in which the business wants to protect its trademark. The Office of Origin then forwards the application to the International Bureau of WIPO, which reviews and processes the application. If the trademark is approved by WIPO, it is then forwarded to the trademark offices of the designated countries for examination and registration. The trademark offices have the option to accept or refuse the application within a set time frame. If the application is accepted, the trademark is registered in the designated country. The Madrid Protocol offers several benefits to businesses, including:
- Cost savings: Filing a single international application is generally less expensive than filing separate applications in each designated country.
- Simplified process: The Madrid Protocol provides a centralized and standardized process for registering trademarks in multiple countries.
- Flexibility: Businesses can add or remove countries from their application at any time, and renew their registration in all designated countries through a single procedure.
• Berne Convention (Switzerland) -1886
A compaign by French Writer Victor Hugo for protection of Literary and Artistic work. The aim is to give right to creators to control & recieve payment for their creative works. Works include: Novel, short stories, songs, musics, drawing, paintings etc.
The Berne Convention for the Protection of Literary and Artistic Works, also known as the Berne Convention, is an international treaty governing copyright protection. It was first adopted in Berne, Switzerland, in 1886 and has since been revised and updated several times.
The Berne Convention establishes basic principles for copyright protection, including the minimum rights that must be granted to authors of literary and artistic works. These include the exclusive right to reproduce, distribute, and publicly perform or display their works, as well as the right to control any adaptations or translations of their works.
One of the key features of the Berne Convention is that it provides automatic copyright protection to authors of works originating from any of the member countries. This means that copyright protection is granted without the need for any formalities, such as registration or notice.
The Berne Convention has been ratified by over 170 countries, making it one of the most widely accepted international treaties on copyright protection. Its provisions have been incorporated into national copyright laws around the world, and it continues to serve as a foundation for global intellectual property protection.
• Budapest Treaty (1977)
The Budapest Treaty is a treaty that was signed in Budapest, Hungary, on April 28, 1977. It is an international treaty that provides for the recognition of microorganisms as patentable subject matter and establishes a system for the deposit of microorganisms for the purposes of patent procedure.
The main aim of the Budapest Treaty is to facilitate the international recognition of patents relating to microorganisms, and to provide a uniform procedure for the deposit and maintenance of cultures of microorganisms. The treaty establishes a standard procedure for the deposit of biological material with an international depository authority, which will ensure that the material is made available to other parties for the purposes of scientific research and the preparation and filing of patent applications.
Under the Budapest Treaty, contracting states agree to recognize the deposit of a microorganism with a recognized depository authority as satisfying the requirement of enabling disclosure of the invention in the patent application. The treaty also provides for the transfer of the deposited material to other recognized depositories upon request by third parties.
The Budapest Treaty has been ratified by over 80 countries, including the United States, Canada, Japan, and many European countries. It is administered by the World Intellectual Property Organization (WIPO), which is responsible for the establishment and maintenance of the international depository authorities.
Overall, the Budapest Treaty is an important international agreement that facilitates the recognition and protection of patent rights related to microorganisms, and helps to promote scientific research and innovation in the field of biotechnology.
Paris Convention for the Protection of Industrial Property: This treaty was established in 1883 and provides protection for patents, trademarks, and industrial designs. It sets out the basic principles of IPR protection, including national treatment, priority rights, and protection against unfair competition.
Patent Cooperation Treaty (PCT): This treaty was established in 1970 and provides a streamlined process for filing patent applications in multiple countries. It simplifies the process of filing a patent application and reduces the cost of obtaining patent protection in multiple countries.
Some Important Full forms and HQ
1) GATT - General Agreement on Tariff & Trade Geneva
2) WTO- World Trade Organization, Geneva
3) TRIPS - Trade Related Aspects of Intellectual Property Rights, Marrakesh, Morocco
4) WIPO- World Intellectual Property Org, Geneva
5) ITPGRFA- International Treaty on Plant Genetic Resources for Food & Agriculturee
6) UPOV - International Union for Protection of New Varieties of Plants
7) PPV & FR- Protection of Plant Variety & Farmer's Right Act
Next: Unit 2 - Types of Intellectual Property and legislations covering IPR in India:-Patents, Copyrights, Trademark, Industrial design, Geographical indications, Integrated circuits, and Trade secrets.