Tuesday, 15 February 2022

INTERNATIONAL CONVENTION OF IPR

 INTERNATIONAL CONVENTION OF IPR

UDHR

UNIVERSAL DECLARATION OF HUMAN RIGHTS

Adopted by UNGA on 10th December 1948

• 30 Articles about Individual Human Rights.

Article 27 of the Universal Declaration of Human Rights states that "everyone has the right to freely participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits."

• UDHR (1948)

• Paris Convention for protection of Industrial Property (1883)

• Patent Co-operation Treaty - PCT (1970)

Paris Convention for protection of Industrial Property (1883)

• International exhibition of inventions held in 1873 at Vienna.

Participation was hampered by the fact that many foreign visitors were not willing to exhibit their inventions at that exhibition in view of the inadequate legal protection offered to exhibited inventions.


• So, a Conference was convened in Paris in 1883

• 11 States signed the Convention for the Protection of Industrial Property at the Conference.

• National Treatment: It means that regarding protection of industrial Property, each country party to the convention must grant the same protection to nationals of the other member countries as it grants to its own nationals. (No Discrimination) (Article 2 and 3 of the Convention),2012


Right of Priority: If an industrial property right is filed by a given applicant in one of the member countries then the same applicant or his successor in title may file it in other member countries in a time period (6-12months) and it will be considered as filed on the same date as the first country.

Independence of Patents: If one country gives a patent or rejects a patent it does not mean that the patent will be accepted or rejected by the other country, any country has no influence over the fate of a patent in other country.


Patent Co-operation Treaty - PCT (1970)

. Signed in Washington, United States.


• Treaty for international co-operation in field of patents.

. Complimentary Treaty to Paris Convention and is open to only those who are member of the Paris Convention.

• No concept of International Patents, all powers still reside with the countries.

PCT establishes

An international system - Filling in a single Patent Office called "receiving office" with a single application "international application", in one language which will have effect in all countries party to the PCT.

International publication of International applications.

International preliminary examination of the application which

gives the Patent office in the country a report containing opinion about the patentability of the Application.

Berne Convention for the Protection of Literary and Artistic Works (1886) (Modified at Paris in 1971)

• Oldest Treaty in field of Copyrights

• Aim was to "Protect, in as effective and uniform a manner as possible, the rights of authors in their literary and artistic works"

• National Treatment 

Automatic Protection: National Protection not dependant on formalities like

registration, fee deposit etc. • Independence of Protection: Protection is independent of the existence of protection in the country of origin of the work.

Concept of "Folklore"

Though the word wasn't used but the convention gives the rights to the country if the author is unknown and there is a ground to presume that work originated from that country.


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