1. Introduction to Intellectual Property RightsBy
SAQIB HAROON CHISHTI

2. Presentation - Who is who & what is your motivation
SAQIB HAROON CHISHTI
LL.M (QUEEN MARY, UNIVERSITY OF LONDON)
SPECILIZATION IN INTELLECTUAL PROPERTY RIGHTS
SOLICITOR (SENIOR COURTS OF ENGLAND AND WALES)
ADVOCATE HIGH COURT
You?

3. Expectations We expect you You can expect to To come prepared
To Participate in the Discussion.
You can expect to
Get an practical and useful insight in a growing and relevant subject

4. Basic IPR IPR is IPR is basically Intellectual Property Right
A protection of your creation or invention - mental labour
A way to regulate use and exploitation of a creation or invention by third parties for example by prohibiting others without consent from copying your creation or invention
Property right : Tangible & Intangible = You have a right to the tangible when you have purchased it, borrowed, lent it etc. You can transfer the tangible object = If your create or invent something you are the owner - You can transfer the intangible right without transfer of an object

5. Basic IPR Utilitarian idea and a theory of ownership
A balance of rights and freedoms
Monopolies that are useful to society as whole
Fair competition in the market
Promoting progress…

6. Development and IPR Pre 1000 b.c. 1000 b.c. 1400 1440-1500 1500 – 1600
Stone carvings
Transcribing books letter by letter
Guttenberg could print 300 pages per day
more than 4,000 books are printed
the printers (not the authors) enjoyed privileges

7. Development and IPR Statute of Monopolies (1624):
All monopolies were illegal, except those that concerned “new manufacture” and that were not “mischievous to the State by raising prices of commodities at home or hurt of trade”.
Statute of Anne (1709) :
Authors got an exclusive right “for the encouragement of learned men to compose and write useful Books…”
U.S. Constitution (1787)
Article 1 § 8.8: "Congress shall have Power ... [t]o promote the Progress of Science ... by securing [to Authors] for limited Times ... the exclusive Right to their ... Writings.”
Paris and Bern convention
Foreign exhibitors refused to attend the International Exhibition of Inventions in Vienna in 1873 because they were afraid there ideas would be stolen and exploited commercially in other countries

8. Justification for IPR
Ethical and moral arguments
The law recognises an authors natural or human rights over the product of their labour
Prevents third parties from becoming unjustly enriched by “reaping where they have not sown”
IPR induces or encourages desirable activities
Patents: Provides inventors with an incentive to invest in R&D [= reseach & development]

9. Types of IPR Ideas and creativity in the form of
Copyrights
Patens
Utility models
Trademarks
Domain names
Geographical names used to identify products
Plant varieties
Semiconductors
Industrial designs and
Undisclosed information such as trade secrets
are all protected as intellectual property if they are materialized
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Formuerettens specialdeciplin - del af privatretten. Tilknytning til konkurranceretten
Individualrettigheder på enkeltmands hånd - kan udøves kollektivt fx copyright
Samfundsmæssig afbalancering
Tidsbegrænset
Visse områder fritaget fx love, domme (copyright) og patenter på fremgangsmåder til behandlig af dyr og mennesker (patent)
Regler om tvnagslicens
The subject of IPR - depends of the specific IPR
History
IPR knows no boarder
Industrialiserigen midt 1800-tallet
Foreign exhibitors refused to attend the International Exhibition of Inventions in Vienna in 1873 because they were afraid there ideas would be stolen and exploited commercially in other countries

10. Types of IPR – indepth Patents. Industrial design.
Any invention is patentable, if it is new, invloves an Inventive step.
Furthermore, the invention must be capable of industrial application..
Industrial design.
The aesthetic appearance (design) of an object or specific shape (model) can be protected by means of a registered design, but does not include a method or principle of construction or features of shap or configuration which are dictated solely by technical and functional considerationsas.
The subject matter of the industrial design may for instance be the external appearance of an object used in everyday life, but could also be the external form of machines or vehicles.
Hurtig oversigt over de forskellige retsregler

11. Types of IPR – indepth Trade marks Copyright
A trade Mark means any mark capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings.
Copyright
Copyright covers works of art such as literature, pieces of music, paintings, drawings, films, construction works, and scientific and technical representations. In addition, computer programs, databases, and multimedia products fall under copyright protection.
The author of a work of art owns the inherent rights of ownership to his work, and is entitled to exploit it.
In contrast to the other types of protection mentioned above, it is not necessary to apply for registration of the work, as the protection arises solely through the act of creation.

12. Today’s digital world
Convergence, typical of the digital system, can be observed in the overlaps with disintegrating effects on the system.
Internet
Supports globalization;
Simplifies flows of free information;
Offers new ways of consumption;
Offers new ways of trading, for instance e-commerce;
Offers new means of access to works. JG

13. Different Treaties
The World Intellectual Property Organization (WIPO )
The Paris Convention for the Protection of Industrial Property (1883)
The Berne Convention for the Protection of Literary and Artistic Works (1886)
Rome Convention, 1961 International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations
WIPO Copyright Treaty (1996)
Rights applicable to the storage and transmission of works in digital systems, limitations on and exceptions to rights in a digital environment,
WIPO Performance and Phonograms Treaty (1996)
Rights applicable to storage and transmission of performances and phonograms in digital systems, limitations on and exceptions to rights in a digital environment,
The United Nations Educational, Scientific and Cultural Organization (UNESCO)
Universal Copyright Convention as revised at Paris on 24 July 1971

14. Different Treaties Universal Copyright Convention (1952)
The Paris Convention (1883)
What kind of IPR?
Inventions (patens)
Trademarks
Industrial Designs
Main features
Right to national treatment
Right of priority
Common rules in the field of substantive law
The Berner Convention (1886)
Copyright, such as novels, short stories, poems, plays, songs, drawings, paintings sculptures and architectural work
National treatment
Automatic protection - no formality requirements
Independence of protection
International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations - Rome Convention
Eligibility for Protection
The Minimum Protection Required by the Convention
Universal Copyright Convention (1952)
Member states allowed to require formality claims e.g. use of © followed by the name of the holder and the year of publication

15. Different treaties World Trade Organization WTO
Trade-Related Aspects of Intellectual Property Rights (TRIPS) (1993)
Main features
National treatment
Most-Favoured-Nation Treatment
Standards concerning availability, scope and use of IPR
Enforcement of IPR
Dispute settlement
The current WTO-rules are the result of negotiations concerning a major revision of the original General Agrement on Tariffs and Trade (GATT)

16. Different treaties The Patent Cooperation Treaty (PCT) (1970)
Main features
A filing, with a single Patent Office,
Of a single application (the “international application”)
In one language
Having effect in each of the countries party to the PCT which the applicant names (“designates”) in his application.

17. Different treaties
The Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating to that Agreement (1995)
Basis application or registration in a member state
A single application (the “international application”)
In English, French or Spanish
Having effect in each of the countries party to the MP which the applicant names (“designates”) in his application
80 members – 71 member of Madrid Protocol and 57 member to Madrid Agreement

18. The European Patent Convention (1973) Main features
By filing a single application
In one of the three official languages (English, French and German)
Obtain patent protection in some or all of the EPC contracting states
28 member states including CH and Tyrkiet

19. Implemenation into national law - PAKISTAN
Introduction to Pakistan Intellectual Property laws
Intellectual Property Organization of Pakistan
The Copyright Ordinance, 1962
The Patent Ordinance 2000
Registered Designs Ordinance 2000
Registered Layout – Designs of Integrated Circuits Ordinance, 2000
Trade Marks Ordinance 2001
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