LGLS 3530U Lecture Notes - Lecture 4: World Trade Organization, Bilateral Investment Treaty, National Treatment

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3 May 2018
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Patent Act s28.2 and 28.3
Copyright Act s3(1)
Trademark Act s2
What is a patent? - A patent is an exclusive right granted for invention which is a product of process that
provides a new way of doing something.
What is copyright Is a legal term use to describe the rights the creators have over their literary and
creative works ex books, music films, data bases, ads, maps. The sole right to produce or reproduce
the work
What is trademark? Creates value and helps distinguish the goods or services of one enterprise from
those of other enterprises
1.
2. Changes in the organization of innovation of the production, distribution and organization
3 main factors of Historical development of IP
1. Shifting conceptions of ownership and authorship of invention
a. 18th century, there was no software, so there was no protection over it
2. Changes in the organization of innovation and production and innovation
Roadmap
1. Territorial period
Early territorialism
i. Ancient societies (ex Greece), there was an understanding that knowledge
should be protected but no legal rights to it. Characterized by the lack of legal
protection
ii. During this period there was no patent, trademark, copyright
iii. Knowledge was the only thing protected, characterized as the anti-privacy
provision
Period of affirmation
Emergence of protection of trademarks. Most famous trademark protection occurred in
1283
Means of protection, yet lack of enforcement
Statutes of monopoly under English crown in 16( )
2. Modern period
Statute of Anne 1810
i. Limited stationers copyrights
ii. Strengthens the thoughts of authors
iii. 1877 German patent act
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Document Summary

A patent is an exclusive right granted for invention which is a product of process that provides a new way of doing something. What is copyright is a legal term use to describe the rights the creators have over their literary and creative works ex books, music films, data bases, ads, maps. The sole right to produce or reproduce the work. Creates value and helps distinguish the goods or services of one enterprise from those of other enterprises: changes in the organization of innovation of the production, distribution and organization. Roadmap: territorial period, early territorialism, ancient societies (ex greece), there was an understanding that knowledge should be protected but no legal rights to it. Characterized by the lack of legal protection: during this period there was no patent, trademark, copyright, knowledge was the only thing protected, characterized as the anti-privacy provision, period of affirmation, emergence of protection of trademarks.

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