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THE PROTECTION OF INDUSTRIAL PROPERTY AND TREATIES ADMINISTERED BY WIPO TK.

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Presentation on theme: "THE PROTECTION OF INDUSTRIAL PROPERTY AND TREATIES ADMINISTERED BY WIPO TK."— Presentation transcript:

1 THE PROTECTION OF INDUSTRIAL PROPERTY AND TREATIES ADMINISTERED BY WIPO TK

2 Patents Trademarks Industrial Designs Geographical Indications

3 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

4 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

5 International System: –Paris Convention –Patent Cooperation Treaty (PCT) –TRIPs Agreement

6 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

7 Importance: –For consumers –For the market –For the owner Functions of a mark: Identification function (origin); quality function; and communication function

8 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

9 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

10 International protection: –Paris Convention –Madrid System (Madrid Agreement and Madrid Protocol) – TRIPs Agreement

11 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

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13 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

14 THANK YOU


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