1. PATENTS, INTEGRATED CIRCUITS, AND INDUSTRIAL DESIGNS Presented By: Navdeep World Trade Organization

2. DEFINATION: A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. In order to be patentable, the invention must fulfill certain conditions. World Trade Organization

3. Subject to the provisions of paragraphs 2 and 3, patents shall be available for any inventions, whether products or processes, in all fields of technology, provided that they are new, involve an inventive step and are capable of industrial application. Subject to paragraph 4 of Article 65, paragraph 8 of Article 70 and paragraph 3 of this Article, patents shall be available and patent rights enjoyable without discrimination as to the place of invention, the field of technology and whether products are imported or locally produced. World Trade Organization ARTICLE 27 OF WTO IPR GUIDLINES

4. Members excluded from Patentability To protect order public or morality, including to protect human, animal or plant life or health or to avoid serious prejudice to the environment. diagnostic, therapeutic and surgical methods for the treatment of humans or animals. plants and animals other than micro-organisms, and essentially biological processes for the production of plants or animals other than non-biological and microbiological processes World Trade Organization

5. Rights Conferred (Art. 28) To prevent third parties not having the owner’s consent from the acts of: making, using, offering for sale, selling, or importing for these purposes that product. If patent is a process, to prevent third parties not having the owner’s consent from the act of using the process, and from the acts of: using, offering for sale, selling, or importing for these purpose that process. Patent owners shall also have the right to assign, or transfer by succession, the patent and to conclude licensing contracts. World Trade Organization

6. Conditions on Patent Applicants Art. 29 To disclose the invention in a manner sufficiently clear and complete for the invention to be carried out by a person skilled in the art and may require the applicant to indicate the best mode for carrying out the invention known to the inventor at the filing date or, where priority is claimed, at the priority date of the application Members may require an applicant for a patent to provide information concerning the applicant’s corresponding foreign applications and grants. World Trade Organization

7. Exceptions to Rights Conferred Art. 30 Members may provide limited exceptions to the exclusive rights conferred by a patent, provided that such exceptions do not unreasonably conflict with a normal exploitation of the patent and do not unreasonably prejudice the legitimate interests of the patent owner, taking account of the legitimate interests of third parties World Trade Organization

8. Article 32 Revocation/Forfeiture- An opportunity for judicial review of any decision to revoke or forfeit a patent shall be available. Article 33 Term of Protection - The term of protection available shall not end before the expiration of a period of twenty years counted from the filing date. World Trade Organization

9. LAYOUT-DESIGNS (TOPOGRAPHIES) OF INTEGRATED CIRCUITS World Trade Organization

10. Article 35 Relation to the IPIC Treaty Members agree to provide protection to the layout- designs (topographies) of integrated circuits (referred to in this Agreement as “layout-designs”) in accordance with Articles 2 through 7 (other than paragraph 3 of Article 6), Article 12 and paragraph 3 of Article 16 of the Treaty on Intellectual Property in Respect of Integrated Circuits and, in addition, to comply with the following provisions. World Trade Organization

11. Article 36 Scope of the Protection Subject to the provisions of paragraph 1 of Article 37, Members shall consider unlawful the following acts if performed without the authorization of the right holder: importing, selling, or otherwise distributing for commercial purposes a protected layout-design, an integrated circuit in which a protected layout-design is incorporated, or an article incorporating such an integrated circuit only in so far as it continues to contain an unlawfully reproduced layout-design. World Trade Organization

12. Article 37 Acts Not Requiring the Authorization of the Right Holder: The conditions set out in subparagraphs (a) through (k) of Article 31 shall apply mutatis mutandis in the event of any non-voluntary licensing of a layout- design or of its use by or for the government without the authorization of the right holder. World Trade Organization

13. Article 38 Term of Protection In Members requiring registration as a condition of protection, the term of protection of layout-designs shall not end before the expiration of a period of 10 years counted from the date of filing an application for registration or from the first commercial exploitation wherever in the world it occurs. In Members not requiring registration as a condition for protection, layout-designs shall be protected for a term of no less than 10 years from the date of the first commercial exploitation wherever in the world it occurs. Notwithstanding paragraphs 1 and 2, a Member may provide that protection shall lapse 15 years after the creation of the layout-design. World Trade Organization

14. SECTION 4 INDUSTRIAL DESIGNS World Trade Organization

15. Article 25 Requirements for Protection Members shall provide for the protection of independently created industrial designs that are new or original. Members may provide that designs are not new or original if they do not significantly differ from known designs or combinations of known design features. Members may provide that such protection shall not extend to designs dictated essentially by technical or functional considerations. World Trade Organization

16. Each Member shall ensure that requirements for securing protection for textile designs, in particular in regard to any cost, examination or publication, do not unreasonably impair the opportunity to seek and obtain such protection. Members shall be free to meet this obligation through industrial design law or through copyright law World Trade Organization

17. Article 26 Protection The owner of a protected industrial design shall have the right to prevent third parties not having the owner’s consent from making, selling or importing articles bearing or embodying a design which is a copy, or substantially a copy, of the protected design, when such acts are undertaken for commercial purposes. Members may provide limited exceptions to the protection of industrial designs, provided that such exceptions do not unreasonably conflict with the normal exploitation of protected industrial designs and do not unreasonably prejudice the legitimate interests of the owner of the protected design, taking account of the legitimate interests of third parties. The duration of protection available shall amount to at least 10 years. World Trade Organization

18. Thank you…….. World Trade Organization