INTELLECTUAL PROPERTY RIGHTS
||Natural person who creates
a literary or artistic work.
essence of plant breeding is the discovery or creation of genetic
variation in a plant species and the selection from within that
variation of plants with desirable traits that can be inherited in a
stable fashion. The plant breeders' final selections of superior
plants will form the basis of one or more plant varieties. Plant
breeders use all available technology both to create genetic variation
and to select from within that variation.
Means the variability among living organisms from all sources
including, inter alia, terrestrial, marine and other aquatic
ecosystems and the ecological complexes of which they are part; this
includes diversity within species, between species and of ecosystems.
Include genetic resources, organisms or parts thereof, populations, or
any other biotic component of ecosystems with actual or potential use
or value for humanity.
TRIPS Agreement allows Members to authorize use by third parties
(compulsory licenses) or for public non-commercial purposes
(government use) without the authorization of the patent owner. The
TRIPS Agreement contains a number of conditions that have to be met in
order to safeguard the legitimate interests of the patent owner. The
main conditions are that, as a general rule, an effort must first have
been made to obtain a voluntary license on reasonable commercial terms
and conditions and that the remuneration paid to the right holder
shall be adequate in the circumstances of each case, taking into
account the economic value of the license.
||A permission to
use an intellectual property rights under defined conditions.
Copyright is a legal term describing rights given to creators for
their literary and artistic works. The original creators of works
protected by copyright, and their heirs, have certain basic rights.
They hold the exclusive right to use or authorize others to use the
work on agreed terms. Copyright and its related rights are essential
to human creativity, by giving creators incentives in the form of
recognition and fair economic rewards. Under this system of rights,
creators are assured that their works can be disseminated without fear
of unauthorized copying or piracy. This in turn helps increase access
to and enhances the enjoyment of culture, knowledge, and entertainment
all over the world.
Counterfeit trademark goods
Means any goods, including packaging, bearing without authorization a
trademark which is identical to the trademark validly registered in
respect of such goods, or which cannot be distinguished in its
essential aspects from such a trademark, and which thereby infringes
the rights of the owner of the trademark in question under the law of
the country of importation.
Domain name is the address of a web site that is intended to be easily
identifiable and easy to remember, such as yahoo.com. These
user-friendly addresses for websites help connect computers - and
people - on the Internet. Because they are easy to remember and use,
domain names have become business identifiers and, increasingly, even
trademarks themselves, such as amazon.com. By using existing
trademarks for domain names - sony.com, for example -
businesses attract potential customers to their websites.
Many creative works protected by copyright require mass distribution,
communication and financial investment for their dissemination (for
example, publications, sound recordings and films); hence, creators
often sell the rights to their works to individuals or companies best
able to market the works in return for payment. These payments are
often made dependent on the actual use of the work, and are then
referred to as royalties. These economic rights have a time limit,
according to the relevant WIPO treaties, of 50 years after the
creator's death. National law may establish longer time-limits. This
limit enables both creators and their heirs to benefit financially for
a reasonable period of time.
Expressions of Folklore
Means productions consisting of characteristic elements of the
traditional artistic heritage developed and maintained by a community
or by individuals reflecting the traditional artistic expectations of
such a community, in particular: (i) verbal expressions, such as folk
tales, folk poetry and riddles; (ii) musical expressions, such as folk
songs and instrumental music; (iii) expressions by actions, such as
folk dances, plays and artistic forms or rituals; whether or not
reduced to a material form; and (iv) tangible expressions, such as:
(a) productions of folk art, in particular, drawings, paintings,
carvings, sculptures, pottery, terracotta, mosaic, woodwork,
metalware, jewelry, basket weaving, needlework, textiles, carpets,
costumes; (b) musical instruments; (c) architectural forms.
geographical indication is a sign used on goods that have a specific
geographical origin and possess qualities or a reputation that are due
to that place of origin. Most commonly, a geographical indication
consists of the name of the place of origin of the goods. Agricultural
products typically have qualities that derive from their place of
production and are influenced by specific local factors, such as
climate and soil. Whether a sign functions as a geographical
indication is a matter of national law and consumer perception (for
example, “Champagne”, “Tequila” or “Roquefort”).
Means any material of plant, animal, microbial or other origin
containing functional units of heredity.
Means genetic material of actual or potential value.
industrial design is the ornamental or aesthetic aspect of an article.
The design may consist of three-dimensional features, such as the
shape or surface of an article, or of two-dimensional features, such
as patterns, lines or color. Industrial designs are applied to a wide
variety of products of industry and handicraft: from technical and
medical instruments to watches, jewelry, and other luxury items; from
housewares and electrical appliances to vehicles and architectural
structures; from textile designs to leisure goods. To be protected
under most national laws, an industrial design must appeal to the eye.
This means that an industrial design is primarily of an aesthetic
nature, and does not protect any technical features of the article to
which it is applied.
Intellectual property rights
Intellectual property rights are the rights given to persons over the
creations of their minds. They usually give the creator an exclusive
right over the use of his/her creation for a certain period of time.
Layout-design/ topography of integrated circuits
three-dimensional disposition of the elements and of some or all of
the interconnections of an integrated circuit.
Literary and artistic works
kinds of works covered by copyright include: literary works such as
novels, poems, plays, reference works, newspapers and computer
programs; databases; films, musical compositions, and choreography;
artistic works such as paintings, drawings, photographs and sculpture;
architecture; and advertisements, maps and technical drawings.
Copyright protection also includes moral rights, which involve the
right to claim authorship of a work, and the right to oppose changes
to it that could harm the creator's reputation.
field of rights related to copyright has rapidly developed over the
last 50 years. These related rights grew up around copyrighted works,
and provide similar, although often more limited and of shorter
duration, rights to: (i) performing artists (such as actors and
musicians) in their performances; (ii) producers of sound recordings
(for example, cassette recordings and compact discs) in their
recordings; (iii) broadcasting organizations in their radio and
patent is an exclusive right granted for an invention, which is a
product or a process that provides a new way of doing something, or
offers a new technical solution to a problem. Patent protection means
that the invention cannot be commercially made, used, distributed or
sold without the patent owner's consent. Patents provide incentives to
individuals by offering them recognition for their creativity and
material reward for their marketable inventions. All patent owners are
obliged, in return for patent protection, to publicly disclose
information on their invention in order to enrich the total body of
technical knowledge in the world.
Actors, singers, musicians, dancers, and other persons who act, sing,
deliver, declaim, play in, interpret, or otherwise perform literary or
artistic works or expressions of folklore.
Pirated copyright goods
Means any goods which are copies made without the consent of the right
holder or person duly authorized by the right holder in the country of
production and which are made directly or indirectly from an article
where the making of that copy would have constituted an infringement
of a copyright or a related right under the law of the country of
person who has duly filed an application for a patent, or for the
registration of a utility model, or of an industrial design, or of a
trademark, in one of the countries of the Paris Union has the right of
priority to file in any of the other countries of the Union before the
expiration of a period of twelve months for patents and utility
models, and six months for industrial designs and trademarks. These
periods start from the date of filing of the first application.
Consequently, any subsequent filing in any of the other countries of
the Union before the expiration of the periods referred to above shall
not be invalidated by reason of any acts accomplished in the interval,
in particular, another filing, the publication or exploitation of the
invention, the putting on sale of copies of the design, or the use of
the mark, and such acts cannot give rise to any third-party right or
any right of personal possession.
Producer of phonograms
Means the person, or the legal entity, who or which takes the
initiative and has the responsibility for the first fixation of the
sounds of a performance or other sounds, or the representations of
sounds; “phonogram” means the fixation of the sounds of a performance
or of other sounds, or of a representation of sounds, other than in
the form of a fixation incorporated in a cinematographic or other
trademark is a distinctive sign which identifies certain goods or
services as those produced or provided by a specific person or
enterprise. Its origin dates back to ancient times, when craftsmen
reproduced their signatures, or “marks” on their artistic or
utilitarian products. Over the years these marks evolved into today's
system of trademark registration and protection. The system helps
consumers identify and purchase a product or service because its
nature and quality, indicated by its unique trademark, meets their
Refers to tradition-based literary, artistic or scientific works;
performances; inventions; scientific discoveries; designs; marks,
names and symbols; undisclosed information; and all other
tradition-based innovations and creations resulting from intellectual
activity in the industrial, scientific, literary or artistic fields.
“Traditionbased” refers to knowledge systems, creations, innovations
and cultural expressions which: have generally been transmitted from
generation to generation; are generally regarded as pertaining to a
particular people or its territory; and, are constantly evolving in
response to a changing environment. Categories of traditional
knowledge could include: agricultural knowledge; scientific knowledge;
technical knowledge; ecological knowledge; medicinal knowledge,
including related medicines and remedies; biodiversity-related
act contrary to honest commercial practices. Acts contrary to honest
commercial practices mean at least practices such as breach of
contract, breach of confidence and
inducement to breach, and includes the acquisition of undisclosed
information by third
parties who knew, or were grossly negligent in failing to know, that
such practices were
involved in the acquisition.
Patents or certificate granted in the mechanical field in many
developing countries that differ from inventions because they require
a lower threshold of technological
progress (inventive step) and are granted for a shorter term of
Highly reputed mark that receives special protection due to its
reputation that extends
beyond a specific market, sector or country.