1. THE PROTECTION OF PATENTS, TRADEMARKS, INDUSTRIAL DESIGNS AND GEOGRAPHICAL INDICATIONS AND THEIR ROLE IN TRADE AND COMMERCE TK

2. Patents Trademarks Industrial Designs Geographical Indications

3. 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

4. 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

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

6. 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

7. Importance: –For consumers –For the market –For the owner Functions of a mark: Identification function (origin); quality function; and communication function

8. 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

9. 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

10. International protection: –Paris Convention; –TRIPs Agreement; –Madrid System (Madrid Agreement and Madrid Protocol)

11. Industrial Designs

12. 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

13. 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

14. THANK YOU