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Canada (511,194)
LAW 724 (58)

CHAPTER 9.docx

11 Pages

Law and Business
Course Code
LAW 724
Alyssa Brierley

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CHAPTER 9 Intellectual property Two categories: Industrial property-inventions(patents), trademarks, industrial designs, geographic indications 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 designs. 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. Three areas: • Registration • Promotion • technical assistance Treaties: • Establish International protection-Paris convention/ Berne • Facilitate international protection- Patent cooperation treaty/ Madrid • Establish classification systems- International patent classification/ nice agreement 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 settlement matters. 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 under law **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 as it: -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 patentable. 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. Process: • Filing a patent in each country. • Fees vary in each country. Includes: • Technical field • Background • Description in enough detail that an individual with average understanding of the field could use or reproduce the invention. Paris convention • prevent unfair competition • Separate filing system in each country • Priority given to member country within one year. • Applicant has 12 months to make decision. 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 protection. • Member countries with a centralized procedure for filing an international patent application • 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. TRIPS 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. Article 28-limitations -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 licensing 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 or enterprise. **Registration is only effective for the country in which it is made. The Madrid System for International Registration of Marks- International Bureau of WIPO • Requires an applicant to obtain home
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