THE PROTECTION OF PATENTS, TRADEMARKS,

INDUSTRIAL DESIGNS AND GEOGRAPHICAL INDICATIONS

AND THEIR ROLE IN TRADE AND COMMERCE

TK

• Patents

• Trademarks

• Industrial Designs

• Geographical Indications

Patents

• No patent without invention

• An invention is a technical solution to a technical problem

• Not all inventions are eligible for patent

• Some inventions are excluded from the patentability from the outset (scientific theories/mental acts, discovery, etc.)

• Territorial protection

• Conditions: The invention must be: - New

- Involve an inventive step - Capable of industrial application

• Rights conferred: Exclusive rights

• Protection for 20 years from the filing date

• Compulsory License may be granted to a third party to use the invention without the consent of the owner

• International System:– Paris Convention– Patent Cooperation Treaty (PCT)– TRIPs Agreement

Trademarks

• What is a trademark? Any sign, or any combination of signs, capable of distinguishing the goods or services of one undertaking from those of other undertakings

• Kinds of Marks: Words, letters, drawing, colors, pictures, numerals, figurative elements, slogans, etc.e.g.: Sony, Nike, Hilton, Toyota, Air France, Coca-Cola, Adidas, Kit Kat, Kodak, Make it happen, Just do it

• Importance:– For consumers– For the market– For the owner

• Functions of a mark: Identification function (origin); quality function; and communication function

• Scope and Conditions:

– To be protected, a mark shall be distinctive and non-deceptive

– Descriptive marks and generic marks are not protectable

– Signs contrary to morality or public order are not registerable

• Emblems of States or intergovernmental organizations may not be registered or used as trademarks

• Rights conferred: Exclusive rights

• Protection for 7 years and renewable indefinitely

• Well-Known marks (special protection)- E.g. Sony, Coca-Cola, Lufthansa, Canon, Toyota, Rolex, etc.– No definition of well-known mark

• International protection:– Paris Convention; – TRIPs Agreement; – Madrid System (Madrid Agreement and

Madrid Protocol)

Industrial Designs

• The ornamental or aesthetic aspect of an article

• Condition: - New or original

• Exclusion of features of appearance which are dictated essentially by technical or functional considerations

• Protection for at least 10 years

• International protection:– Paris Convention– TRIPs Agreement– The Hague Agreement

Geographical Indications

• Sign used on goods that have a specific geographical origin and possess qualities or a reputation that are due to that place of origin

• Interrelation between product and geographical origin

• Ex: Champagne, Tequila, etc.

• Additional protection of GI for wines and spirits• Issues relating to the extension of higher

protection of GIs to other products

THANK YOU