International Intellectual Property Law PDF

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International IntellectualLaw
Table of ContentsINTRODUCTION...........................................................................................................................1MAIN BODY...................................................................................................................................1CONCLUSION..............................................................................................................................10REFERENCES..............................................................................................................................11
INTRODUCTIONIntellectual property refers to creation of mind such as invention, literary and artisticwork, symbols, names and images used in business1. A law is designed to govern the creation,protection, sharing and use of property all across the glob named as International IntellectualProperty Law. It has become an increasingly important and frequently litigated area in terms ofcopyrights, patents, trademarks area. Intellectual property issues are addressed on aninternational level through the World Intellectual Property Organisation (WIPO). The“Convention Establishing the World Intellectual Property Organisation” was signed atStockholm in 1967 and come into force in the year 1970. This law deals with the rules forsecuring and enforcing legal rights related to intangible property. International treatment ofintellectual property rights involves significant degree of traditional concern of international lawand private international law. In this project report detail information regarding InternationalIntellectual property law will be done. Together with this moral rights in this law will bediscussed and analysis of relevant cases on the topic is mentioned in this report.MAIN BODYInternational intellectual property law is a set of law that governs the creation, protection,sharing and use of intellectual property from the global perspective. Intellectual property (IP) isan intangible and non- physical property that is created through invention, design, idea orcreative work. Due to of its being non-physical in nature, it can be easily used in more than onecountry. The IP laws may vary country to country and any matter arising in the IP can beresolved through IP laws2. IP refers to any invention, discovery, creation or innovation. IP has tobe unique and must be protected. It can be in the forms of rights, patents, copyrights, trademarks,trade secrets etc. The companies are going international by expanding their businesses therefore,IP laws are necessary to protect the information about the organizations which can be accessedby anyone with the use of internet. The entities that have gone globalized face difficultyprotecting their IP rights in international market because they lack the knowledge about how toobtain, protect and enforce such rights in foreign countries. There are many things thatorganizations can do to protect their IP such as consulting with a legal expert to implement IP1Brigham, E. F. and Houston, J. F., 2012.Fundamentals of financial management. Cengage Learning.2Sassen, S., 2016. The Global City: Strategic Site, New Frontier. InManaging Urban Futures(pp. 89-104). Routledge.1
protection strategy, forming comprehensive IP rights language, to conduct checks on thebackground of prospective foreign partners, by obtaining and registering copyrights, patents andtrademarks in the foreign markets etc. Due to territorial nature trademarks and patents needs tobe registered in every country in which protection of intellectual property is required. To applyfor trademark in a particular country office of intellectual property needs to be contacted. WIPOhas contacted with all intellectual offices around the world. Process to applying for patents inmultiple countries is provided by Patent cooperation Treaty. Protection of intellectual propertycan be taken in not more then 143 countries3.Intellectual property rights are given to personas over the creations of their minds. Theserights gives the creator and exclusive right over other person to use invention for certain periodof time. Intellectual property rights are divided into two main areas one is rights related tocopyrights and other one is industrial property. Copyrights of a author of literary and artisticworks such as writings, musical composition, paintings or any computer are protected forminimum period of 50 years after their death. Also, copyright provides protection such as rightsof performance, producer of programmes or any broadcasting organisation. IP rights forindustrial property are segregated into two categories one is related to distinctive signs that isrelated to trademark of business. This right is used to protect consumer by enabling them tomake a informed choice and also promotes fair competition. Other type of industrial property isinnovation, design and creation in technology. This helps in development of new and innovativetechnology by providing them finance for research and development activities. Protection forpatents are given for finite term of 20 years in general cases.As per WIPO, intellectual property shall include rights relating to literary, artistic,scientific work and discoveries, performances of artists, programmes and broadcasts. Theserights also includes industrial designs, trademarks, services marked and designation,protectionagainst unfair competition4. The WIPO promotes innovation and creativity for economic, socialand cultural development of all the countries. For this a balanced and effective internationalintellectual property system is developed by the organisation. Mission of WIPO is to promotethrough international corporation the creation, dissemination, use of protection of works of thehuman mind for all kind of mankind. Place of WIPO has changed internationally in a great sense3Bently, L. and Sherman, B., 2014.Intellectual property law. Oxford University Press, USA.4May, C., 2015.The global political economy of intellectual property rights: The new enclosures.Routledge.2
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