WIPO Overview Flashcards
1
Q
What is IP?
A
Intellectual property refers to creations of the mind: inventions; literary and artistic works; and symbols, names and images used in commerce. Intellectual property is divided into two categories: Industrial Property and Copyright
2
Q
What is Industrial Property?
A
y includes
patents for inventions,
trademarks, industrial designs
and geographical indications.
3
Q
What is copyright ?
A
covers literary works (such as novels, poems and plays), films, music, artistic works (e.g., drawings, paintings, photographs and sculptures) and architectural design. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and broadcasters in their radio and television programs.
4
Q
What are intellectual
property rights?
A
They allow creators, or owners, of
patents, trademarks or copyrighted
works to benefit from their own
work or investment in a creation.
The importance of intellectual property was first recognized in the Paris Convention for the Protection of Industrial Property (1883) and the Berne Convention for the Protection of Literary and Artistic Works (1886). Both treaties are administered by the World Intellectual Property Organization (WIPO).
5
Q
Why promote and protect
intellectual property?
A
- the progress and well-being of humanity rest on its capacity to create and invent new works in the areas of technology and culture - the legal protection of new creations encourages the commitment of additional resources for further innovation. - the promotion and protection of intellectual property spurs economic growth, creates new jobs and industries, and enhances the quality and enjoyment of life.
An efficient and equitable intellectual property system can help all countries to realize intellectual property’s potential as a catalyst for economic development and social and cultural well-being. The intellectual property system helps strike a balance between the interests of innovators and the public interest, providing an environment in which creativity and invention can flourish, for the benefit of all.
6
Q
How does the average
person benefit?
A
Intellectual property rights reward
creativity and human endeavor,
which fuel the progress of
humankind. Some examples:
- The multibillion dollar film, recording, publishing and software industries – which bring pleasure to millions of people worldwide – would not exist without copyright protection.
Without the rewards provided by the patent system, researchers and inventors would have little incentive to continue producing better and more efficient products for consumers.
Consumers would have no means to confidently buy products or services without reliable, international trademark protection and enforcement mechanisms to discourage counterfeiting and piracy.
7
Q
What is a Patent?
A
A patent is an exclusive right granted for an invention – a product or process that provides a new way of doing something, or that offers a new technical solution to a problem. A patent provides patent owners with protection for their inventions. Protection is granted for a limited period, generally 20 years.
8
Q
Why are patents necessary?
A
Patents provide incentives to individuals by recognizing their creativity and offering the possibility of material reward for their marketable inventions. These incentives encourage innovation, which in turn enhances the quality of human life.
9
Q
What kind of protection
do patents offer?
A
Patent protection means an invention cannot be commercially made, used, distributed or sold without the patent owner’s consent. Patent rights are usually enforced in courts that, in most systems, hold the authority to stop patent infringement. Conversely, a court can also declare a patent invalid upon a successful challenge by a third party.
10
Q
What rights do patent
owners have?
A
A patent owner has the right to decide who may – or may not – use the patented invention for the period during which it is protected. Patent owners may give permission to, or license, other parties to use their inventions on mutually agreed terms. Owners may also sell their invention rights to someone else, who then becomes the new owner of the patent. Once a patent expires, protection ends and the invention enters the public domain. This is also known as becoming off patent, meaning the owner no longer holds exclusive rights to the invention, and it becomes available for commercial exploitation by others.
11
Q
What role do patents play
in everyday life?
A
Patented inventions have pervaded every aspect of human life, from electric lighting (patents held by Edison and Swan) and sewing machines (patents held by Howe and Singer), to magnetic resonance imaging (MRI) (patents held by Damadian) and the iPhone (patents held by Apple). In return for patent protection, all patent owners are obliged to publicly disclose information on their inventions in order to enrich the total body of technical knowledge in the world. This everincreasing body of public knowledge promotes further creativity and innovation. Patents therefore provide not only protection for their owners but also valuable information and inspiration for future generations of researchers and inventor
12
Q
How is a patent granted?
A
The first step in securing a patent is to file a patent application. The application generally contains the title of the invention, as well as an indication of its technical field. It must include the background and a description of the invention, in clear language and enough detail that an individual with an average understanding of the field could use or reproduce the invention. Such descriptions are usually accompanied by visual materials – drawings, plans or diagrams – that describe the invention in greater detail. The application also contains various “claims”, that is, information to help determine the extent of protection to be granted by the patent.
13
Q
What kinds of inventions
can be protected?
A
An invention must, in general, fulfill the following conditions to be protected by a patent. It must be of practical use; it must show an element of “novelty”, meaning some new characteristic that is not part of the body of existing knowledge in its particular technical field. That body of existing knowledge is called “prior art”. The invention must show an “inventive step” that could not be deduced by a person with average knowledge of the technical field. Its subject matter must be accepted as “patentable” under law. In many countries, scientific theories, mathematical methods, plant or animal varieties, discoveries of natural substances, commercial methods or methods of medical treatment (as opposed to medical products) are not generally patentable.
14
Q
Who grants patents?
A
Patents are granted by national patent offices or by regional offices that carry out examination work for a group of countries – for example, the European Patent Office (EPO) and the African Intellectual Property Organization (OAPI). Under such regional systems, an applicant requests protection for an invention in one or more countries, and each country decides whether to offer patent protection within its borders. The WIPO-administered Patent Cooperation Treaty (PCT) provides for the filing of a single international patent application that has the same effect as national applications filed in the designated countries. An applicant seeking protection may file one application and request protection in as many signatory states as needed.
15
Q
What is a trademark?
A
A trademark is a distinctive sign that identifies certain goods or services produced or provided by an individual or a company. Its origin dates back to ancient times when craftsmen reproduced their signatures, or “marks”, on their artistic works or products of a functional or practical nature. Over the years, these marks have evolved into today’s system of trademark registration and protection. The system helps consumers to identify and purchase a product or service based on whether its specific characteristics and quality – as indicated by its unique trademark – meet their needs.
16
Q
What do trademarks do?
A
Trademark protection ensures that the owners of marks have the exclusive right to use them to identify goods or services, or to authorize others to use them in return for payment. The period of protection varies, but a trademark can be renewed indefinitely upon payment of the corresponding fees. Trademark protection is legally enforced by courts that, in most systems, have the authority to stop trademark infringement. In a larger sense, trademarks promote initiative and enterprise worldwide by rewarding their owners with recognition and financial profit. Trademark protection also hinders the efforts of unfair competitors, such as counterfeiters, to use similar distinctive signs to market inferior or different products or services. The system enables people with skill and enterprise to produce and market goods and services in the fairest possible conditions, thereby facilitating international trade.
17
Q
What kinds of trademarks
can be registered?
A
Trademarks may be one or a combination of words, letters and numerals. They may consist of drawings, symbols or threedimensional signs, such as the shape and packaging of goods. In some countries, non-traditional marks may be registered for distinguishing features such as holograms, motion, color and non-visible signs (sound, smell or taste). In addition to identifying the commercial source of goods or services, several other trademark categories also exist. Collective marks are owned by an association whose members use them to indicate products with a certain level of quality and who agree to adhere to specific requirements set by the association. Such associations might represent, for example, accountants, engineers or architects. Certification marks are given for compliance with defined standards but are not confined to any membership. They may be granted to anyone who can certify that their products meet certain established standards. Some examples of recognized certification are the internationally accepted “ISO 9000” quality standards and Ecolabels for products with reduced environmental impact.
18
Q
How is a trademark
registered?
A
First, an application for registration of a trademark must be filed with the appropriate national or regional trademark office. The application must contain a clear reproduction of the sign filed for registration, including any colors, forms or three-dimensional features. It must also contain a list of the goods or services to which the sign would apply. The sign must fulfill certain conditions in order to be protected as a trademark or other type of mark. It must be distinctive, so that consumers can distinguish it from trademarks identifying other products, as well as identify a particular product with it. It must neither mislead nor deceive customers nor violate public order or morality. Finally, the rights applied for cannot be the same as, or similar to, rights already granted to another trademark owner. This may be determined through search and examination by national offices, or by the opposition of third parties who claim to have similar or identical rights.
19
Q
How extensive is trademark
protection?
A
Almost all countries in the world register and protect trademarks. Each national or regional office maintains a Register of Trademarks containing full application information on all registrations and renewals, which facilitates examination, search and potential opposition by third parties. The effects of the registration are, however, limited to the country (or, in the case of regional registration, countries) concerned. To avoid the need to register separate applications with each national or regional office, WIPO administers an international registration system for trademarks. The system is governed by two treaties: the Madrid Agreement Concerning the International Registration of Marks and the Madrid Protocol. Persons with a link (be it through nationality, domicile or establishment) to a country party to one or both of these treaties may, on the basis of a registration or application with the trademark office of that country (or related region), obtain an international registration having effect in some or all of the other countries of the Madrid Union.
20
Q
What is an industrial Design?
A
ID refers to ornamental or aesthetic aspects of an article. A design may consist of 3 dimensional features, such as the shape or surface of an article or 2 dimensional features, such as patterns, lines or color.
ID are applied to a wide variety of industrial products and handicrafts: from technical and medical instruments to watches, jewelry and other luxury Items; from house wares and electrical appliances to vehicles and architectural structures, from textile designs to leisure goods.
To be protected under most national laws, an industrial design must be new or original and non functional. this means that an industrial design is primarily of an aesthetic nature, and any technical features of the article to which it is applied are not protected by the design registration. However, those features could be protected by a patent.
21
Q
Why protect industrial
designs?
A
Industrial designs are what make an article attractive and appealing; hence, they add to the commercial value of a product and increase its marketability. When an industrial design is protected, the owner – the person or entity that has registered the design – is assured an exclusive right and protection against unauthorized copying or imitation of the design by third parties. This helps to ensure a fair return on investment. An effective system of protection also benefits consumers and the public at large, by promoting fair competition and honest trade practices, encouraging creativity and promoting more aesthetically pleasing products. Protecting industrial designs helps to promote economic development by encouraging creativity in the industrial and manufacturing sectors, as well as in traditional arts and crafts. Designs contribute to the expansion of commercial activity and the export of national products. Industrial designs can be relatively simple and inexpensive to develop and protect. They are reasonably accessible to small and medium-sized enterprises as well as to individual artists and craftsmakers, in both developed and developing countries.
22
Q
How can industrial designs
be protected?
A
In most countries, an industrial design must be registered in order to be protected under industrial design law. As a rule, to be registrable, the design must be “new” or “original”. Countries have varying definitions of such terms, as well as variations in the registration process itself. Generally, “new” means that no identical or very similar design is known to have previously existed. Once a design is registered, a registration certificate is issued. Following that, the term of protection granted is generally five years, with the possibility of further renewal, in most cases for a period of up to 15 years. 13 14 Hardly any other subject matter within the realm of intellectual property is as difficult to categorize as industrial designs. And this has significant implications for the means and terms of its protection. Depending on the particular national law and the kind of design, an industrial design may also be protected as a work of applied art under copyright law, with a much longer term of protection than the standard 10 or 15 years under registered design law. In some countries, industrial design and copyright protection can exist concurrently. In other countries, they are mutually exclusive: once owners choose one kind of protection, they can no longer invoke the other. Under certain circumstances an industrial design may also be protectable under unfair competition law, although the conditions of protection and the rights and remedies available can differ significantly.
23
Q
How extensive is industrial
design protection?
A
Generally, industrial design protection is limited to the country in which protection is granted. The Hague Agreement Concerning the International Registration of Industrial Designs, a WIPOadministered treaty, offers a procedure for international registration of designs. Applicants can file a single international application either with WIPO or the national or regional office of a country party to the treaty. The design will then be protected in as many member countries of the treaty as the applicant designates.
24
Q
What is a
Geographical
Indication?
A
A geographical indication is a sign used on goods that have a specific geographical origin and possess qualities or a reputation due to that place of origin. Most commonly, a geographical indication consists of the name of the place of origin of the goods. Agricultural products typically have qualities that derive from their place of production and are influenced by specific local geographical factors, such as climate and soil. Whether a sign functions as a geographical indication is a matter of national law and consumer perception. Geographical indications may be used for a wide variety of agricultural products, such as, for example, “Tuscany” for olive oil produced in a specific area of Italy, or “Roquefort” for cheese produced in that region of France. The use of geographical indications is not limited to agricultural products. They may also highlight specific qualities of a product that are due to human factors found in the product’s place of origin, such as specific manufacturing skills and traditions. The place of origin may be a village or town, a region or a country. An example of the latter is “Switzerland” or “Swiss”, perceived as a geographical indication in many countries for products made in Switzerland and, in particular, for watches
25
What is an appellation
| of origin?
```
An appellation of origin is a
special kind of geographical
indication used on products that
have a specific quality exclusively
or essentially due to the
geographical environment in
which the products are produced.
The term geographical indication
encompasses appellations of
origin. Examples of appellations
of origin that are protected in
states party to the Lisbon
Agreement for the Protection of
Appellations of Origin and their
International Registration are
“Bordeaux” for wine produced in
the Bordeaux region of France,
“Prosciutto di Parma” – or Parma
ham – for ham produced in the
Parma province of Italy or
“Habana” for tobacco grown in
the Havana region of Cuba
```
26
Why do geographical
| indications need protection?
```
Geographical indications are
understood by consumers to
denote the origin and quality of
products. Many of them have
acquired valuable reputations
which, if not adequately
protected, may be misrepresented
by commercial operators. False
use of geographical indications by
unauthorized parties, for example
“Darjeeling” for tea that was not
grown in the tea gardens of
Darjeeling, is detrimental to
consumers and legitimate
producers. The former are
deceived into believing they are
buying a genuine product with
specific qualities and characteristics,
and the latter are deprived of
valuable business and suffer
damage to the established
reputation of their products.
```
27
What is the difference
between a geographical
indication and a trademark?
```
A trademark is a sign used by a
company to distinguish its goods
and services from those produced
by others. It gives its owner the
right to prevent others from using the trademark. A geographical
indication guarantees to consumers
that a product was produced in
a certain place and has certain
characteristics that are due to that
place of production. It may be
used by all producers who make
products that share certain qualities
in the place designated by a
geographical indication.
```
28
What is a “generic”
| geographical indication?
```
If the name of a place is used
to designate a particular type of
product, rather than to indicate its
place of origin, the term no longer
functions as a geographical
indication. For example, “Dijon
mustard”, a kind of mustard that
originated many years ago in the
French town of Dijon, has, over
time, come to denote mustard of
that kind made in many places.
Hence, “Dijon mustard” is now a
generic indication and refers to a
type of product, rather than a place.
```
29
How are geographical
| indications protected?
```
Geographical indications are
protected in accordance with
national laws and under a wide
range of concepts, such as laws
against unfair competition,
consumer protection laws, laws for
the protection of certification
marks or special laws for the
protection of geographical
indications or appellations of
origin. In essence, unauthorized
parties may not use geographical
indications if such use is likely to
mislead the public as to the true
origin of the product. Applicable
sanctions range from court
injunctions preventing
unauthorized use to the payment
of damages and fines or, in serious
cases, imprisonment.
```
30
What is WIPO’s role in the
protection of geographical
indications?
```
WIPO administers a number of
international agreements that
deal partly or entirely with the
protection of geographical
indications (in particular, the
Paris Convention and the Lisbon
Agreement). WIPO meetings
offer Member States and other
interested parties the opportunity
to explore new ways of enhancing
the international protection of
geographical indications.
```
31
What are Copyright
| and Related Rights?
```
Copyright laws grant authors,
artists and other creators protection
for their literary and artistic
creations, generally referred to as
“works”. A closely associated field
is “related rights” or rights related
to copyright that encompass
rights similar or identical to those
of copyright, although sometimes
more limited and of shorter
duration. The beneficiaries of
related rights are:
performers (such as actors
and musicians) in their
performances;
producers of phonograms (for
example, compact discs) in
their sound recordings; and
broadcasting organizations
in their radio and television
programs.
Works covered by copyright
include, but are not limited to:
novels, poems, plays, reference
works, newspapers,
advertisements, computer
programs, databases, films, musical
compositions, choreography,
paintings, drawings, photographs,
sculpture, architecture, maps and
technical drawings.
```
32
What rights do copyright and
| related rights provide?
```
The creators of works protected
by copyright, and their heirs and
successors (generally referred to as
“right holders”), have certain basic
rights under copyright law. They
hold the exclusive right to use or
authorize others to use the work
on agreed terms. The right
holder(s) of a work can authorize
or prohibit:
its reproduction in all forms,
including print form and
sound recording;
its public performance and
communication to the public;
its broadcasting;
its translation into other
languages; and
its adaptation, such as from
a novel to a screenplay for
a film.
Similar rights of, among others,
fixation (recording) and reproduction
are granted under related rights.
Many types of works protected
under the laws of copyright and
related rights require mass
distribution, communication and
financial investment for their
successful dissemination (for
example, publications, sound
recordings and films). Hence,
creators often transfer these rights
to companies better able to
develop and market the works,
in return for compensation in the
form of payments and/or royalties
(compensation based on a
percentage of revenues generated
by the work).
The economic rights relating to
copyright are of limited duration –
as provided for in the relevant
WIPO treaties – beginning with
the creation and fixation of the
work, and lasting for not less than
50 years after the creator’s death.
National laws may establish longer
terms of protection. This term of
protection enables both creators
and their heirs and successors to
benefit financially for a reasonable
period of time. Related rights
enjoy shorter terms, normally
50 years after the performance,
recording or broadcast has taken
place. Copyright and the
protection of performers also
include moral rights, meaning the
right to claim authorship of a
work, and the right to oppose
changes to the work that could
harm the creator’s reputation. Rights provided for under
copyright and related rights laws
can be enforced by right holders
through a variety of methods and
fora, including civil action suits,
administrative remedies and
criminal prosecution. Injunctions,
orders requiring destruction of
infringing items, inspection orders,
among others, are used to enforce
these rights.
```
33
What are the benefits of
protecting copyright and
related rights?
```
Copyright and related rights
protection is an essential component
in fostering human creativity and
innovation. Giving authors, artists
and creators incentives in the form
of recognition and fair economic
reward increases their activity and
output and can also enhance the
results. By ensuring the existence
and enforceability of rights,
individuals and companies can
more easily invest in the creation,
development and global
dissemination of their works.
This, in turn, helps to increase
access to and enhance the
enjoyment of culture, knowledge
and entertainment the world over,
and also stimulates economic and
social development.
```
34
How have copyright and
related rights kept up with
advances in technology?
```
The field of copyright and related
rights has expanded enormously
during the last several decades
with the spectacular progress of
technological development that
has, in turn, yielded new ways of
disseminating creations by such
forms of communication as satellite
broadcasting, compact discs and
DVDs. Widespread dissemination of
works via the Internet raises
difficult questions concerning
copyright and related rights in
this global medium. WIPO is
fully involved in the ongoing
international debate to shape new
standards for copyright protection
in cyberspace. In that regard,
the Organization administers the
WIPO Copyright Treaty (WCT)
and the WIPO Performances and
Phonograms Treaty (WPPT), known
as the “Internet Treaties”. These
treaties clarify international norms
aimed at preventing unauthorized
access to and use of creative works
on the Internet.
```
35
How are copyright and
| related rights regulated?
```
Copyright and related rights
protection is obtained automatically
without the need for registration
or other formalities. However, many
countries provide for a national
system of optional registration and
deposit of works. These systems
facilitate, for example, questions
involving disputes over ownership
or creation, financial transactions,
sales, assignments and transfer
of rights.
Many authors and performers do
not have the ability or means to
pursue the legal and administrative
enforcement of their copyright
and related rights, especially given
the increasingly global use of
literary, music and performance
rights. As a result, the establishment
and enhancement of collective
management organizations
(CMOs), or “societies”, is a
growing and necessary trend in
many countries. These societies
can provide their members with
efficient administrative support
and legal expertise in, for example,
collecting, managing and disbursing
royalties gained from the national
and international use of a work or
performance. Certain rights of
producers of sound recordings and
broadcasting organizations are
sometimes managed collectively
as well.
```
36
What is
the World Intellectual
Property Organization?
```
Established in 1970, the World
Intellectual Property Organization
(WIPO) is an international
organization dedicated to helping
ensure that the rights of creators
and owners of intellectual property
are protected worldwide, and
that inventors and authors are
therefore recognized and
rewarded for their ingenuity.
This international protection acts
as a spur to human creativity,
pushing back the limits of science
and technology and enriching the
world of literature and the arts.
By providing a stable environment
for marketing products protected
by intellectual property, it also oils
the wheels of international trade.
WIPO works closely with its
Member States and other
constituents to ensure the
intellectual property system
remains a supple and adaptable
tool for prosperity and well-being,
crafted to help realize the full
potential of created works for
present and future generations.
```
37
How does WIPO promote
the protection of intellectual
property?
```
As part of the United Nations
system of specialized agencies,
WIPO serves as a forum for its
Member States to establish and
harmonize rules and practices
for the protection of intellectual
property rights. WIPO also services
global registration systems for
trademarks, industrial designs and
appellations of origin, and a global
filing system for patents. These
systems are under regular review
by WIPO’s Member States and
other stakeholders to determine
how they can be improved to
better serve the needs of users
and potential users.
Many industrialized nations have
intellectual property protection
systems that are centuries old.
Among newer or developing
countries, however, many are in
the process of building up their
patent, trademark and copyright
legal frameworks and intellectual
property systems. With the
increasing globalization of trade
and rapid changes in technological
innovation, WIPO plays a key role
in helping these systems to evolve
through treaty negotiation; legal
and technical assistance; and
training in various forms, including
in the area of enforcement.
WIPO works with its Member States
to make available information on
intellectual property and outreach
tools for a range of audiences –
from the grassroots level through
to the business sector and
policymakers – to ensure its
benefits are well recognized,
properly understood and
accessible to all.
```
38
How is WIPO funded?
```
WIPO is a largely self-financed
organization, generating more
than 90 percent of its annual
budget through its widely used
international registration and
filing systems, as well as through
its publications and arbitration
and mediation services. The
remaining funds come from
contributions by Member States
```
