Intellectual Property Rights (IPR) PDF

Summary

This document discusses Intellectual Property Rights (IPR) and their importance in trade. It covers different types of IPR, such as patents, trademarks, and copyrights. It also explains the role of IPR in incentivizing innovation and facilitating market access.

Full Transcript

KAMAU VICTORIA MUKAMI INTELLECT UAL PROPERTY INTERNATIONAL RIGHTS TRADE HELLO THERE! I'm Victoria Mukami Kamau Trade and Intellectual 1 AGENDA FOR Property. TODAY Types of Intellectual 2 Prope...

KAMAU VICTORIA MUKAMI INTELLECT UAL PROPERTY INTERNATIONAL RIGHTS TRADE HELLO THERE! I'm Victoria Mukami Kamau Trade and Intellectual 1 AGENDA FOR Property. TODAY Types of Intellectual 2 Property Rights. Importance of IPR in 3 Trade. 4 (TRIPS) Impact of TRIPS on 5 Global Trade. Objective In the Kingdom of Ideas, Harold the Inventor amazed villagers with his Gadget- o-Matic, a machine that turned trash into treasure. But trouble arose when the sly Sir Copycat sold fake, faulty versions, tarnishing Harold’s name. Seeking justice, Harold secured patents and trademarks from the Council of Intellectual Property Rights, exposing Sir Copycat’s scheme. Queen Innovatia ruled that stealing ideas harms creativity, sentencing Sir Copycat to help Harold rebuild his reputation. With stronger protections in place, the Kingdom of Ideas flourished, proving that innovation thrives best when creativity is Intellectual Property Rights (IPR) Intellectual Property Rights (IPR) refer to the legal protections granted to creators and innovators for their inventions, literary and artistic works, symbols, names, and images used in Types of Intellectual Property Rights 1. Patents 2. Trademarks 3. Copyrights Trademarks protect Patents protect Copyrights protect symbols, names, original works of inventions, granting logos, and other authorship, such as inventors the exclusive identifiers associated literature, music, films, rights to use, sell, and distribute their with a brand, and software. inventions for a set distinguishing a 4. Geographical 5. Trade indications secrets GIs protect products that Trade secrets protect originate from specific confidential business regions and possess information that provides unique qualities tied to a competitive advantage that geography. They safeguard the reputation Unlike patents, trade and cultural heritage secrets do not expire as associated with products long as the information from particular locations remains undisclosed and secret. Litigation involves formal A neutral third party (mediator) court proceedings where a helps facilitate a discussion judge or jury determines the between the parties to find a outcome of a dispute. mutually agreeable solution. LITIGATION NEGOTIATIO N Arbitration is a private, binding : Mediation is a voluntary, non- method where an impartial binding process where a neutral arbitrator hears both sides and third party helps both sides provides a resolution. negotiate an agreement ARBITRATION MEDIATION In the bustling town of Creatopolis, three friends—Max, Lena, and Toby— launched their startup, **Innovify**, with big dreams and zero legal knowledge. Max’s tablet, featuring a “revolutionary” swipe-to-unlock feature, triggered a patent lawsuit from TechTitan. Lena’s logo, three slanted lines she swore were “dynamic zigzags,” brought Adidas’ legal team knocking. Meanwhile, Toby’s brilliant idea to stream blockbuster movies on their website landed them in hot water with StudioGlobe for copyright infringement. Cornered by lawsuits, the trio rebranded as “Whoopsify,” International Organizations 1. World Intellectual Property Organization (WIPO) o WIPO’s Arbitration and Mediation Center offers alternative dispute resolution services for international IP conflicts, providing neutral, expert-guided arbitration and mediation. 2. WTO Dispute Settlement Body The WTO’s Dispute Settlement Body handles TRIPS-related disputes, ensuring compliance among member nations: Kenya Industrial Importance of IPR in Trade 1. Incentivizing Innovation: IPR encourages innovation by granting creators exclusive rights, enabling them to recoup R&D investments, as seen with pharmaceutical companies like Moderna and Pfizer. 2. Facilitating Market Access: Trademark protection builds consumer trust and brand loyalty, allowing global expansion, exemplified by Starbucks' consistent identity worldwide. 3. Combating Counterfeiting and Piracy: IPR protects businesses by enabling legal action against counterfeit goods and piracy, as seen in the DISCUSSIO For example, a pharmaceutical N company might patent a new drug, ensuring exclusivity for 20 years to recoup development costs. How do patents and Trademarks, on the other hand, trademarks differ in their protect brand identity, helping role in trade? consumers recognize and trust a product. Unlike patents, trademarks can be renewed indefinitely, as long as they remain in use, providing long- IPR. Disputes. 1. Patent Infringement: Using a patented invention without permission, as seen in Apple-Samsung lawsuits over smartphone features. 2. Trademark Infringement: Unauthorized use of a brand identifier, like Adidas suing counterfeiters for misusing its three-stripe logo. 3. Copyright Infringement: Unauthorized reproduction of creative works, exemplified by Disney combating illegal streaming of Trade-Related Aspects of Intellectual Property Rights (TRIPS) The TRIPS Agreement: Adopted by the WTO in 1995, TRIPS sets global IPR standards to promote trade and innovation. 1. Background: TRIPS harmonizes IPR rules globally, focusing on industries like pharma and tech. 2. Key Provisions: It sets minimum protections for patents, trademarks, copyrights, and more. THANK YOU!

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