Transcript Dias nummer 1

Introduction to Intellectual Property Rights
By
SAQIB HAROON CHISHTI
Presentation - Who is who & what is your motivation
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SAQIB HAROON CHISHTI
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LL.M (QUEEN MARY, UNIVERSITY OF LONDON)
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SPECILIZATION IN INTELLECTUAL PROPERTY RIGHTS
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SOLICITOR (SENIOR COURTS OF ENGLAND AND WALES)
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ADVOCATE HIGH COURT
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You?
Expectations
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We expect you
 To
come prepared
 To Participate in the Discussion.
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You can expect to
 Get
an practical and useful insight in a growing and
relevant subject
Basic IPR
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IPR is
Intellectual
 Property
 Right
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IPR is basically
A protection of your creation or invention - mental labour
 A way to regulate use and exploitation of a creation or
invention by third parties for example by prohibiting others
without consent from copying your creation or invention
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Basic IPR
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Utilitarian idea and a theory of
ownership
A balance of rights and freedoms
Monopolies that are useful to
society as whole
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Fair competition in the market
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Promoting progress…
Development and IPR
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Pre 1000 b.c.
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Stone carvings
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1000 b.c.
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Transcribing books letter by letter
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1400
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1440-1500
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1500 – 1600
Guttenberg could print 300
pages per day
more than 4,000 books are
printed
the printers (not the authors)
enjoyed privileges
Development and IPR
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Statute of Monopolies (1624):
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Statute of Anne (1709) :
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Authors got an exclusive right “for the encouragement of learned men to
compose and write useful Books…”
U.S. Constitution (1787)
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All monopolies were illegal, except those that concerned “new manufacture” and
that were not “mischievous to the State by raising prices of commodities at home
or hurt of trade”.
Article 1 § 8.8: "Congress shall have Power ... [t]o promote the Progress of
Science ... by securing [to Authors] for limited Times ... the exclusive Right to their
... Writings.”
Paris and Bern convention
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Foreign exhibitors refused to attend the International Exhibition of Inventions in
Vienna in 1873 because they were afraid there ideas would be stolen and
exploited commercially in other countries
Justification for IPR
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Ethical and moral arguments
 The
law recognises an authors natural or human rights
over the product of their labour
 Prevents third parties from becoming unjustly enriched
by “reaping where they have not sown”
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IPR induces or encourages desirable activities
 Patents:
Provides inventors with an incentive to invest in
R&D [= reseach & development]
Types of IPR
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Ideas and creativity in the form of
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Copyrights
Patens
Utility models
Trademarks
Domain names
Geographical names used to identify products
Plant varieties
Semiconductors
Industrial designs and
Undisclosed information such as trade secrets
are all protected as intellectual property if they are materialized
Types of IPR – indepth
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Patents.
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Any invention is patentable, if it is new, invloves an Inventive step.
Furthermore, the invention must be capable of industrial application..
Industrial design.
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The aesthetic appearance (design) of an object or specific shape (model) can be
protected by means of a registered design, but does not include a method or
principle of construction or features of shap or configuration which are dictated
solely by technical and functional considerationsas.
The subject matter of the industrial design may for instance be the external
appearance of an object used in everyday life, but could also be the external
form of machines or vehicles.
Types of IPR – indepth
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Trade marks
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A trade Mark means any mark capable of being represented graphically which
is capable of distinguishing goods or services of one undertaking from those of
other undertakings.
Copyright
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Copyright covers works of art such as literature, pieces of music, paintings,
drawings, films, construction works, and scientific and technical representations.
In addition, computer programs, databases, and multimedia products fall under
copyright protection.
The author of a work of art owns the inherent rights of ownership to his work,
and is entitled to exploit it.
In contrast to the other types of protection mentioned above, it is not necessary
to apply for registration of the work, as the protection arises solely through the
act of creation.
Today’s digital world
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Convergence, typical of the digital system, can be
observed in the overlaps with disintegrating effects
on the system.
Internet
 Supports
globalization;
 Simplifies flows of free information;
 Offers new ways of consumption;
 Offers new ways of trading, for instance e-commerce;
 Offers new means of access to works.
Different Treaties
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The World Intellectual Property Organization (WIPO - 1967)
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The Paris Convention for the Protection of Industrial Property (1883)
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The Berne Convention for the Protection of Literary and Artistic Works (1886)
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Rome Convention, 1961 International Convention for the Protection of Performers, Producers of Phonograms
and Broadcasting Organisations
WIPO Copyright Treaty (1996)
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WIPO Performance and Phonograms Treaty (1996)
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Rights applicable to the storage and transmission of works in digital systems, limitations on and exceptions to rights in a
digital environment,
Rights applicable to storage and transmission of performances and phonograms in digital systems, limitations on and
exceptions to rights in a digital environment,
The United Nations Educational, Scientific and Cultural Organization (UNESCO)
Universal Copyright Convention as revised at Paris on 24 July 1971
Different Treaties
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The Paris Convention (1883)
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What kind of IPR?
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Main features
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What kind of IPR?
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Main features
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Right to national treatment
Right of priority
Common rules in the field of substantive law
The Berner Convention (1886)
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Inventions (patens)
Trademarks
Industrial Designs
Copyright, such as novels, short stories, poems, plays, songs, drawings, paintings sculptures and architectural work
National treatment
Automatic protection - no formality requirements
Independence of protection
International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting
Organizations - Rome Convention
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National treatment
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Eligibility for Protection
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The Minimum Protection Required by the Convention
Universal Copyright Convention (1952)
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Member states allowed to require formality claims e.g. use of © followed by the name of the holder and the year of publication
Different treaties
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World Trade Organization WTO
Trade-Related Aspects of Intellectual Property Rights
(TRIPS) (1993)
Main features
National treatment
 Most-Favoured-Nation Treatment
 Standards concerning availability, scope and use of IPR
 Enforcement of IPR
 Dispute settlement
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Different treaties
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The Patent Cooperation Treaty (PCT) (1970)
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Main features
A
filing, with a single Patent Office,
 Of a single application (the “international application”)
 In one language
 Having effect in each of the countries party to the PCT
which the applicant names (“designates”) in his
application.
Different treaties
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The Madrid Agreement Concerning the International
Registration of Marks and the Protocol Relating to
that Agreement (1995)
 Basis
application or registration in a member state
 A single application (the “international application”)
 In English, French or Spanish
 Having effect in each of the countries party to the MP
which the applicant names (“designates”) in his
application
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The European Patent Convention (1973)
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Main features
 By
filing a single application
 In one of the three official languages (English, French
and German)
 Obtain patent protection in some or all of the EPC
contracting states
Implemenation into national law PAKISTAN
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Introduction to Pakistan Intellectual Property laws
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Intellectual Property Organization of Pakistan
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The Copyright Ordinance, 1962
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The Patent Ordinance 2000
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Registered Designs Ordinance 2000
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Registered Layout – Designs of Integrated Circuits Ordinance, 2000
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Trade Marks Ordinance 2001