INTELLECTUAL PROPERTY LAW

Intellectual Property Law

Table of Contents

Introduction1

Strategic Context of World Intellectual Property Organization2

Types of Intellectual Property Rights:3

Moral Rights3

Rights of economic character3

Patents4

Trademarks6

Copyrights7

Intellectual Property and its relation to Copyrighting8

Copyright Covers the Expression of an Idea but Not the Idea Itself9

Who Owns Copyright?9

So When do Works become Copyright Free?10

The Berne Convention11

The Trade Related aspects of International Property Rights (TRIPS) Agreement12

Legal Framework for Copyright and Related Rights Protection12

Rights of Economic Character13

Economic Rights15

Conclusion15

Bibliography17

Intellectual Property Law

Introduction

The rise in theft of others' ideas, and inventions, led to a growing concern about copyrighting one's original works, so that it should not be used without permission. This concern resulted in the formation of Intellectual Property Rights. Intellectual Property Right (IPR) is basically a right on the intellect of human minds. In business terms, this IP means proprietary knowledge. This may also include patents for new and improved products, trademarks that represent brand identity, designs that represent finished products, copyright for original material in literary, artistic, dramatic or musical works, films, broadcasts, multimedia and computer programs; and trade secrets for confidential information. It is not a natural obligation to use one's IP on any properties. One has to seek legislation permission to obtain rights in any property. This means an application to obtain legal rights of the property through a systematic procedure.

History shows that there was never a specific justification for IPRs, different concepts of copyrighting lead to different definitions and applications of Intellectual Property Rights over time. This was neither linear and teleological, nor inevitable; but history contingent. Thus, an attempt to explain IPRs according to one particular justification, oversimplifies the ways in which laws are generated and elaborated. This essay aims to study the Intellectual Property Rights in detail, assessing its need and significance, explaining its applications and elaborating on the practices that involve an effective implementation of IPRs. The rapid changes in technology and society, coupled with ever-increasing value of intellectual property to businesses, have caused courts to respond accordingly. In the past year, the U.S. Supreme Court and the circuit courts of appeal have continued to issue opinions attempting to keep the established body of intellectual property law applicable to contemporary facts.

Strategic Context of World Intellectual Property Organization

The World Intellectual Property Organization (WIPO) is responsible to develop an accessible IPR within the strategic context. This aims to carets strict regulatory commissions based on the idea of protecting properties from misuse or theft. These strategic objectives revised and expanded WIPO within the framework of a comprehensive process of reorientation within the organization. The nine strategic objectives in the revised program and budget for the biennium 2008-2009 are as follows

Balanced development of the international legal framework of intellectual property

Provision of global intellectual property of the first order

Promote the use of the intellectual property for development

Coordination and infrastructure development in global intellectual property

World reference source for information and analysis of intellectual property

International cooperation for the respect of the intellectual property

Intellectual property and global issues

Communications Interface between WIPO, its Member States and all stakeholder

Types of Intellectual ...