Intellectual property Two categories:
trademarks, industrial designs, geographic
Copyright- literary and artistic works such as
novels, poems and plays, films, musical works,
artistic works such as drawings, paintings,
photographs and sculptures, and architectural
Developing countries are not major producers
of intellectual property; they have little
incentive to protect this form of property.
World Intellectual Property Specialised agency of the UN with a mandate
Organization (WIPO) to maintain and increase respect for
intellectual property throughout the world.
• technical assistance
• Establish International protection-Paris
• Facilitate international protection-
Patent cooperation treaty/ Madrid
• Establish classification systems-
International patent classification/ nice
The Agreement on Trade-Related • Patents
aspects of intellectual property rights
(TRIPS) • Trademarks • Copyright and related rights
• Geographical indications
• Industrial designs
• Layout designs of integrated circuits
Council for trade-related aspects of intellectual
property rights to monitor and manage
administrative issues surrounding the
agreement, ensure member compliance, and
provide assistance to members in dispute
Falls within the dispute settlement
understanding of the WTO.
Patents Exclusive right granted for an invention, which
is product or a process that provides a new
way of doing something, or offers a new
technical solution to a problem. Conditions:
• Must have an element of novelty
• Must show inventive step
• The subject matter must be patentable
**Ideas cannot be patented.
Surgical techniques are patentable in the US,
but not in Canada.
In Canada, a business method must have a
relationship with a physical object directed
such as a computer. Software program that
was a method of playing poker was patentable
-had a commercially useful result.
- was a practical application of an idea.
-was a new and innovative method of applying
a skill or knowledge. **naturally occurring substances are not
20 years protection, provides the patent owner
with the exclusive right to make, use, distribute
or sell the patent rights, known as license.
Upon expiry, enters public domain and owner
no longer has exclusive rights.
Granted by national patent office or a regional
office established by multilateral treaty.
**no world or international patent.
• Filing a patent in each country.
• Fees vary in each country.
• Technical field
• Description in enough detail that an
individual with average understanding
of the field could use or reproduce the
• prevent unfair competition
• Separate filing system in each country
• Priority given to member country within
• Applicant has 12 months to make
Weakness: laid down few substantive rules on
what could be patented.
Did not provide rules with respect to minimum term of protection
Result: countries were free to exclude certain
inventions to serve their interests.
Patent Cooperation Treaty (PCT)
• Facilitates international patent
• Member countries with a centralized
procedure for filing an international
• Only one international application is
filed instead of separate foreign.
• An applicant has 30 months to make
decision to pursue foreign patent
protection from initial filing.
Article 27(1)-requires member countries to
make patent protection available.
Article 33-patents under TRIPS must be
granted for a term of atleast 20 years from the
application filing date.
-Protection of undisclosed information
-Protection applied in manner conducive to
social and economic welfare and a balance of
rights and obligations
-Protection does not apply where a necessary
action is taken in time of war or emergency.
**allow members to permit parallel imports and
authorise use of the patented invention without
patent owner`s consent-compulsory
Protection in Canada • first to file
• absolute novelty
• early publication system
• protection for the inventor
• system of maintenance fees-annually
• deferred examination-max 7 years
Protection in the US
• First to file now
• Grace period between disclosure of the
invention and formal filing date
• 17 years life, may be extended
Protection in the European Union
• First to file
• Enforcement in individual EU countries
• File directly
• Apply for patent protection through the
European patent system or
international patent system.
Trademarks Distinctive sign, word, name, device that
identifies certain goods or services by person
**Registration is only effective for the country
in which it is made.
The Madrid System for International
Registration of Marks- International Bureau
• Requires an applicant to obtain home