Here’s a clear, structured explanation for your questions:
---
1. Copyright and Patent Right
Copyright
Definition:
Copyright is a legal right that protects original literary, artistic, musical, and
other creative works.
Purpose:
It gives the creator exclusive rights to reproduce, distribute, display, perform,
and adapt their work.
Examples:
Books, music, films, computer software, paintings, photographs.
Duration:
Usually lasts for the author’s life + 50 to 70 years (varies by country).
Key Point:
Copyright protects expression of ideas, not the idea itself.
Patent Right
Definition:
A patent is a legal right granted to an inventor for a new, useful, and non-obvious
invention or process.
Purpose:
It gives the inventor exclusive rights to make, use, or sell the invention for a
limited time (usually 20 years).
Examples:
New machines, medicines, chemical formulas, software algorithms, manufacturing
processes.
Key Point:
Patent protects technical inventions, not creative works.
---
2. Origin and Development of Protection of IPR
IPR (Intellectual Property Rights) protection has developed over time to encourage
creativity, innovation, and fair trade. International treaties were created to
standardize protection across countries.
---
2.1. The Paris Convention (1883)
Full Name: Paris Convention for the Protection of Industrial Property.
Focus: Industrial property (patents, trademarks, industrial designs).
Key Principles:
1. National Treatment: Each member country must give foreigners the same IPR
protection as its own citizens.
2. Right of Priority: An inventor can file in one country and then claim the same
filing date in other member countries (within 6–12 months).
3. Common Rules: Rules about patents, trademarks, unfair competition.
Importance: First major international treaty on IPR.
---
2.2. The Berne Convention (1886)
Full Name: Berne Convention for the Protection of Literary and Artistic Works.
Focus: Copyright protection for authors, musicians, artists.
Key Principles:
1. Automatic Protection: No registration needed—copyright exists as soon as the
work is created.
2. National Treatment: Works from any member country get the same protection as
local works.
3. Minimum Rights: Sets minimum duration of copyright (life + 50 years).
Importance: Basis for modern copyright law.
---
2.3. The Rome Convention (1961)
Full Name: International Convention for the Protection of Performers, Producers of
Phonograms and Broadcasting Organizations.
Focus: Related rights (neighboring rights).
Beneficiaries:
Performers (actors, musicians)
Producers of sound recordings
Broadcasting organizations
Importance: Protects performances, recordings, and broadcasts from being used
without permission.
---
3. TRIPS Agreement (1994)
Full Name: Agreement on Trade-Related Aspects of Intellectual Property Rights.
Administered by: World Trade Organization (WTO).
Purpose: Set minimum standards for IPR protection globally, linking IPR with
international trade.
Key Features:
1. Covers all forms of IPR: copyright, patents, trademarks, geographical
indications, trade secrets.
2. Enforcement: Requires member countries to have effective legal remedies against
infringement.
3. Dispute Settlement: WTO provides a mechanism for resolving disputes between
countries.
4. Flexibilities: Allows exceptions like compulsory licensing (for public health
emergencies).
Importance: Ensures fair competition and harmonizes IPR protection worldwide.
---
Would you like me to make this into a well-formatted PDF (with headings and bullet
points) so you can use it as a study note or class handout?
