law lsn 5 Flashcards
What are the four main channels of international trade?
Trade in Goods: Exchange of tangible products (e.g., machinery, electronics, agriculture).
Trade in Services: Exchange of intangible services (e.g., finance, tourism, education).
Knowledge and Technology Transfer: Sharing or licensing of IP, patents, and innovations.
Foreign Direct Investment (FDI): Cross-border investments in business operations or assets.
What was the transition from GATT to WTO, and how did it introduce the TRIPS Agreement?
GATT (1947): Focused on reducing trade barriers for goods.
1986: Deadlock at WIPO over revising the Paris Convention on IP led to broader negotiations.
Uruguay Round (1986–1994): Expanded trade discussions to include IP, leading to the WTO’s creation.
WTO (1994): Established under the Marrakesh Agreement, operational from 1 Jan 1995.
TRIPS Agreement: Annex 1C of the WTO Agreement; set global IP protection standards.
Transition Periods: Members were given different timelines, depending on their development stage, to comply with TRIPS.
What is the Doha Round (2001) and its Intellectual Property focus?
The Doha Round is the latest round of WTO trade negotiations aimed at reforming the international trading system through lower trade barriers and revised rules.
Intellectual Property Focus:
Create a multilateral register for geographical indications (GIs) for wines and spirits.
Debate on:
GI Extension: Expanding GI protection to other products.
Disclosure Requirement: Requiring patent applicants to disclose the origin of genetic material and traditional knowledge, linked to the TRIPS Agreement and the UN Convention on Biological Diversity.
What is the Most-Favoured-Nation (MFN) principle in TRIPS?
The MFN principle requires that if a country gives a special benefit to another country regarding intellectual property, it must provide the same benefit to all WTO member countries. There are exceptions for benefits under general international agreements and specific IP conventions like Berne and Rome.
What does the term ‘TRIPS Plus’ refer to in international IP law?
TRIPS Plus refers to agreements where countries provide additional protection beyond the TRIPS Agreement, but the extra protection must not contradict TRIPS. Countries can offer more IP protection through bilateral or regional agreements.
What are the objectives of the TRIPS Agreement under Article 7?
The TRIPS Agreement aims to promote technological innovation, facilitate technology transfer, and support economic welfare. It seeks a balance of rights and obligations that benefits both producers and users of technology.
What are the four clusters of flexibilities identified by the WIPO Secretariat in the context of the TRIPS Agreement?
Flexibilities in implementing TRIPS obligations – Countries can choose how to implement TRIPS provisions within their legal systems.
Flexibilities in substantive standards of protection – Countries can offer more protection than required but are not obligated to exceed TRIPS standards.
Flexibilities in enforcement mechanisms – Countries can determine their enforcement mechanisms and strategies based on their legal system.
Flexibilities in areas not covered by TRIPS – TRIPS does not cover all aspects of IP law, allowing countries to regulate certain areas independently.
what are the Rental Rights - Article 11 (TRIPS Agreement)
Authors and successors have the right to authorize or prohibit the commercial rental of their works (originals or copies) for computer programs and cinematographic works (e.g., movies).
Cinematographic works: Rental rights are not required unless renting leads to widespread illegal copying that harms the author’s reproduction rights.
Computer programs: Rental rights do not apply if the rental is not primarily for the program itself (e.g., part of a larger service).
what are the trademark rights overview
Subject Matter (Article 15): Any sign distinguishing goods/services (e.g., words, names, logos).
Exclusive Rights (Article 16): Trademark owners can prevent others from using identical/similar signs if it causes confusion.
Use Requirement (Article 19.1): Non-use for 3 years can lead to cancellation, unless valid reasons exist.
Term of Protection (Article 18): Initial registration is 7 years, renewable.
Exceptions (Article 17): Limited exceptions like fair use of descriptive terms.
Licensing & Assignment (Article 21): Trademarks can be licensed/assigned but cannot be compulsorily licensed.
Geographical Indications (Articles 22-24): Protection for region-specific product names (extra protection for wines and spirits).
What are the key aspects of industrial design protection under international agreements?
Paris Convention - Article 1: Refers to the protection of industrial design but does not define design.
Paris Convention - Article 5: Industrial designs must be protected in all countries of the Union.
Paris Convention - Article 4C(1): Priority periods for patents and utility models are 12 months, and for industrial designs and trademarks, it’s 6 months.
Berne Convention - Article 2(7): Protection for works of applied art and industrial designs depends on national laws, and designs protected as such are entitled to special protection in the countries of the Union.
TRIPS - Article 25: Industrial designs must be new or original, and designs dictated by technical or functional considerations may not be protected.
TRIPS - Article 26: Design owners can prevent third parties from making, selling, or importing articles that copy their protected design, with protection lasting at least 10 years.
What does Article 6 of the CDR state regarding the disclosure of designs?
A design is considered made available to the public if it has been registered, exhibited, used in trade, or otherwise disclosed, except when these events couldn’t reasonably have been known in the relevant sector before the application filing date. Disclosure to a third party under confidentiality conditions is excluded.
What does “individual character” mean in relation to designs (Article 6 CDR & 5 DD)?
A design has individual character if it creates a different overall impression on the informed user compared to any earlier design made available to the public before the filing or priority date. The designer’s freedom in design development is considered.
Who holds the right to a Community design (Article 14 CDR)?
The right to a Community design belongs to the designer or their successor. If two or more persons jointly create a design, the right is shared. For employee-designed works, the employer owns the design unless otherwise agreed.
What rights does a registered Community design confer (Article 19.1)?
A registered Community design gives the holder exclusive rights to use and prevent third parties from making, offering, selling, importing, or using a product incorporating the design, or stocking such a product for commercial purposes.
What are the statutory limitations on design rights (Articles 20 & 21)?
Limitations include acts for non-commercial or experimental purposes, private use, acts of reproduction for citation or teaching (if fair trade and non-damaging to the normal exploitation of the design), and exhaustion of rights after the design is placed on the market within the Community by the holder or with consent.
