《国际贸易实务与操作》Chapter 12.ppt

国际贸易实务与操作  International Trade Practice and Operation Chapter 12 Intellectual Property Rights Teaching Objectives 1. Introduce the concept of intellectual property rights. 2. Outline types of intellectual property rights. 3. Explain laws and regulations governing the protection of these rights. 4. Discuss the functions of TRIPS under WTO. Section 1 Intellectual Property Rights 1. Intellectual Property Rights (IPR) and the Social Purpose of Protection Reasons to protect intellectual property : - to give statutory expression to the moral and economic rights of creators and to the rights of the public in accessing those creations. - to promote creativity and the dissemination and application of its results, and to encourage fair trade Legal Frameworks to Protect IPR: (1) The Convention Establishing the World Intellectual Property Organization (1967). It gives a list of eight subject matters protected by intellectual property rights. (2) Paris Convention for the Protection of Industrial Property in 1883 and the Berne Convention for the Protection of Literary and Artistic Works in 1886. Both treaties are administered by the WIPO. Section 1 Intellectual Property Rights (3) The most direct source: national laws. (4) Multilateral agreements: the Berne Convention and the Agreement on the Trade Related Aspects of Intellectual Property Rights (5) Other sources: regional agreement and bilateral and plurilateral agreements among countries which contain provisions on intellectual property (such as the North American Free Trade Agreement). 2. Different Forms of Intellectual Property Rights Two categories: (1) Industrial Property, (2) Copyright and Related Rights. Section 1 Intellectual Property Rights Industrial Property Patents for inventions Trademarks Industrial designs Geographical indications Copyright and Related Rights? Literary works Artistic works Architectural designs Performing artists? Producers of phonograms? Broadcasters in the