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THE PROTECTION OF INDUSTRIAL PROPERTY AND TREATIES ADMINISTERED BY
WIPO
TK
• Patents
• Trademarks
• Industrial Designs
• Geographical Indications
Patents
• No patent without invention
• An invention is a technical solution to a technical problem
• Not all inventions are eligible for patent
• Some inventions are excluded from the patentability from the outset (scientific theories/mental acts, discovery, etc.)
• Territorial protection
• Conditions: The invention must be: - New
- Involve an inventive step - Capable of industrial
application
• Rights conferred: Exclusive rights
• Protection for 20 years from the filing date
• Compulsory License may be granted to a third party to use the invention without the consent of the owner
• International System:– Paris Convention– Patent Cooperation Treaty (PCT)– TRIPs Agreement
Trademarks
• What is a trademark? Any sign, or any combination of signs, capable of distinguishing the goods or services of one undertaking from those of other undertakings
• Importance:– For consumers– For the market– For the owner
• Functions of a mark: Identification function (origin); quality function; and communication function
• Scope and Conditions:– To be protected, a
mark shall be distinctive and non-deceptive
– Descriptive marks and generic marks are not protectable
– Signs contrary to morality or public order are not registerable Just Do It
• Emblems of States or intergovernmental organizations may not be registered or used as trademarks
• Rights conferred: Exclusive rights
• Protection for 7 years and renewable indefinitely
• Well-Known marks (special protection)
• Territorial protection
• International protection:– Paris Convention– Madrid System (Madrid Agreement and
Madrid Protocol)– TRIPs Agreement
Industrial Designs
• The ornamental or aesthetic aspect of an article
• Condition: - New or original
• Exclusion of features of appearance which are dictated essentially by technical or functional considerations
• Protection for at least 10 years
• International protection:– Paris Convention– TRIPs Agreement– The Hague Agreement
Geographical Indications
• Sign used on goods that have a specific geographical origin and possess qualities or a reputation that are due to that place of origin
• Interrelation between product and geographical origin
• International protection:– Lisbon Agreement
– Madrid Agreement for the Repression of False or Deceptive Indications of Source of Goods
– TRIPs Agreement
THANK YOU