1 Flashcards
PREFACE TO THE FIRST EDITION
The importance of framing some sort of an internationally recognised agreement
for co-operation among nations for the protection of intellectual property wa5
realised as early as the year 1883 when the Paris Convention for protection Or
industrial property came into existence. The said Paris Convention for protecti0n
of industrial property was a landmark international event when as many as 140
States signed the convention and agreed to implemnent its provisions. The
Convention used the termn industrial property in the widest sense. Art. 1(2) states:
“The protection of industrial property has as its objects patents, utility models,
industrial designs, trade marks, service marks, trade names, indications of source
or appellations of origin and the repression of unfair competition”.
Art. I (3) says that “Industrial property shall be understood in the broadest
sense and shall apply not to industry and commerce proper but likewise to
agricultural and extractive industries and to all manufactured or natural products
for example wines
grain
flowers and flour”.
One of the remarkable features of the Paris Convention was the concept of a
Union
meaning that the countries to which that convention applied
a Union for the protection of industrial property. This meant that a national of any
country of the Union as regards the protection of industrial property enjoyed in all
other countries of the Union the advantages that its respective laws granted to its
Own nationals.
The TRIPS Agreement (Trade Related Aspects of Intellectual Property Rights)
has adopted this provision of the Paris Convention in that the nationals of a
signatory country would have equivalent rights and status in all other signatory
countries. Though India was not a member of the Paris Convention hence it was
not obliged to implement the provisions of the Convention
but having signed the
TRIPS Agreement
India is now obliged to recognise and implement the provision
of “national treatment to nationals of other members” as has been incorporated in
the TRIPS Agreement. The Paris Convention dealt with Patents
Trade Marks.
Designs and Utility Models. The Paris Convention did not deal with Copyright.
Copyright is the right granted over artistic
literary and musical works.
The Berne Convention of 1886 was the first international convention on
copyright. India is a member of the Berne Convention
besides other 120 States.
Some of the other treaties and conventions dealing with patents
trade mark
copyrights are:-
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