ch 17 intel prop rights

A licensor typically attempts to restrict the use of the transferred IP by placing a national marketing/sales restriction on the licensee's sale of the product, typically called a:

geographical limitation

ICANN (Internet Corporation for Assigned Names and Numbers)

-adopted uniform domain name dispute resolution policy -regulates cybersquatting

conditions of transfer agreements

1. geographical restrictions 2. field of use restrictions 3. output restrictions

Berne Convention of 1886

Copyright protection afforded in all signatory countries - national treatment - requires minimum substantive laws prohibiting copying literary/artistic work -affix c symbol (wrldwide protection) -WTO copyright treaty added

The Patent Cooperation Treaty (PCT) establishes a centralized utility patent application process by:

Giving the applicant a priority claim on that invention in all signatory states if the patent application is prosecuted within 30 months.

The Agreement on Trade-Related Aspects of International Property (TRIPS) attempts to:

Require signatories to enact minimum substantive standards of protection for IPRs.

national treatment

The principle of nondiscrimination between foreigners and locals

what is a reason for IP transfer agreements"

a licensor grants IPR to licensee for royalties in return -the IPR holder can benefit from the ipr w/o having to expand capital

WTO copyright treaty

added to berne convention -computer and internet works are protected

problem to TRIPS

can deny to approve patents to prtotect: human/animal/plant life or to avoid prejudice in environment

Madrid Protocol

centralized filing for trademarks

Doha Declaration (2001)

least developedcountries would be exempt from providingpatent and trade secret protection forpharmaceuticals -provides for extension of TRIPS to 2033 -part of agenda: geographical indications for trademarks

Owners of intellectual property rights (IPRs) may grant in writing a limited permission for another party to use their IP (e.g. copyrights, patents, know-how) for a limited purpose for a defined period of time under a:

license agreement

gray market

licensor sells to licensee, who sells to buyer who reimports to compete w/ licensor at low prices -stimulated by currency fluctuations

output restriction (condition of TA)

limits volume of a product/service that is being made available

trips article 27.3

permits countries to exclude biodiversity from patent protection ALSO req protection for inventories designed solely for biodiversity items

prior approval schemes

protectionist government policy for trademarks that protects domestic industries from new tech competition

cybersquatting

registering, selling, or using a domain name to profit from someone else's trademark

Paris Convention of 1883

allows parties in one country to file for patent and trademark protection in any of the other member countries -national treatment -its lack of enforcement mechanism led to TRIPS -added patent cooperation treaty= application process for patents

Under WTO principles as stated in TRIPS, all WTO members must provide for minimum copyright and patent protection periods. This mean that if I am a patent holder in a WTO signatory nation I will typically have the exclusive right to manufacture and/or license my patent rights for _______ and I will have a copyright protection period at least ______.

c. 20 years ..... 50 years.

TRIPS

requires WTO members to grant and enforce patents lasting at least 20 years and copyrights lasting 50 years -seeks to remedy paris/berne weaknesses -req signatories to to enact minimum substansive stds of protection & enforcement mechanisms