Skip to main content

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.


Comments

Popular posts from this blog

Empowering Businesses: Virtual Corporate Law Services

  Empowering Businesses: Virtual Corporate Law Services In the dynamic world of business, legal support is crucial to ensure smooth operations, mitigate risks, and navigate regulatory landscapes. Lexis and Company offers Virtual Corporate Law Services to businesses in the UK, USA, Canada, Singapore, Dubai, and Australia , assisting with mergers, acquisitions, business contracts, compliance, and corporate governance. Key Features of Virtual Corporate Law Services 1. Mergers and Acquisitions (M&A) Legal Support We provide comprehensive legal services for mergers and acquisitions , including due diligence, structuring deals, drafting agreements, and navigating regulatory approvals. Benefits: Ensures smooth and legally sound M&A transactions. Minimizes risks during corporate restructuring. Protects your business interests in high-value deals. Trending Hashtags: #MergersAndAcquisitions #BusinessDeals #CorporateLaw #LegalSupport #VirtualLegalExperts 2. Business Contracts and Ag...

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional document that helped inspire the American Bill of Rights. Political theorist  John Locke  played a huge role in cementing the philosophy of constitutionalism.  Constitution is a written law which describes the structure of Government, the rules according to which the Govt. must work and the boundaries within which the Govt. must work. Constitutionalism   can be defined as the doctrine that governs the legitimacy of government action, and it implies something far more important than the idea of legality that requires official conduct to be in accordance with pre-fixed legal rules. Constitution constitution is the document that contains the basic and fundamental law of the nation, setting out the organization of the government and the principles of the society. Basic norm (or law) of the state; System of integration and organi...

Nathulal v. State of Madhya Pradesh AIR 1966 SC 43

 Nathulal v. State of Madhya Pradesh AIR 1966 SC 43 CITATION AIR 1966 SC 43 COURT Supreme Court of India JUDGES/CORAM Justice K.S. Shah and Justice R. Bachawat DATE OF JUDGEMENT 22.03.1965 Facts: The facts of the case are as follows: The appellant was a dealer in a food grains at Dhar in Madhya Pradesh prosecuted in the Court of Additional District Magistrate for possessing in stock maunds and 21/4 seers of wheat for the purpose of sale without license. Subsequently appellant was charged for committing an offence under section 7 of the Essential Commodities Act, 1955. Thereafter the appellant pleaded there was no intention to contravene any provisions of the law and the grains were stored upon filing an application for license and upon believe that it will be issued to him. The appellant further stated that he continued to submit returns on the food grains stored and purchased to the respected authority. Thus, the appellant was acquitted in the Court of Additional District Magistra...