The Role of Intellectual Property

in Development
contribution of patent system to the stimulation
activity of innovation in three main ways
• incentive to inventive and innovative
• holder of a patent is entitled to prevent others
from using his invention
• provides the framework for the collection,
classification and dissemination of the richest
store of technological information existing in the
world today
Government Support for Inventive
Activity
• reduced taxes in respect of income stemming from
licensed patents and know-how;
• reduced fees for acquisition and maintenance of
industrial property rights by individual inventors;
• special loans or subsidies, including interest-free or
low interest loans;
• grants for development of certain inventions and
innovations;
• possibilities for concluding governmentally or
publicly financed “research contracts.”
Rewards and Recognition for Inventors
• Non-material rewards (medals, diplomas)
• financial rewards
• exhibitions of inventions
• To promote invention
▫ special exhibitions and contests for inventions
The Promotion of Innovation
 Why ?
• attract foreign investment,
• promote applied worked-oriented research
• creation of new industries
• revitalization of existing ones
Factors that generate a favorable overall
environment for inventions and innovation
• state of science and technology;
• legal, fiscal and general financial systems;
• scientific and entrepreneurial culture;
• technological and manufacturing infrastructure;
• human resources and their level of knowledge
and education.
Innovation Center or Innovation
Support Network
• Mission
▫ assist individual inventors, SMEs, other creators
and businesses to bring innovatory projects to
completion
Function of innovation centre
• Information and promotion program
• an evaluation program
• a business assistance program
• prototyping services(demonstration purposes)
International scenario on IPR
PARIS CONVENTION
• The Paris Convention, adopted in 1883,
• applies to industrial property in the widest
sense, including patents, trademarks, industrial
designs, utility models, service marks, trade
names, geographical indications
• 177 Member countries
Features
• National Treatment
• Right to Priority
• Temporary protection for goods shown at some
international exhibition
• Mutual independence of patent and trademark
in the different countries of union
World Intellectual Property
Organization (WIPO)
• WIPO was created in 1967
• WIPO currently has 192 member states
• administers 26 international treaties,
• headquartered in Geneva, Switzerland.
objectives of the WIPO

▫ to encourage creative activity

▫ to promote the protection of intellectual property
throughout the world
▫ Resolution of disputes between individuals and
companies through the WIPO Arbitration and
Mediation Centre.
WTO-TRIPs Agreement
• The Agreement on Trade-Related Aspects of
Intellectual Property Rights (TRIPS)
• 164 members
• Objectives of TRIPs agreement
▫ To reduce distortions and impediments to
international trade,
▫ To promote effective and adequate protection of
intellectual property rights,
▫ To ensure that measures and procedures to
enforce intellectual property rights do not
themselves become barriers to legitimate trade;
Outer Framework of TRIPs

• TRIPs Agreement consists of Seven Parts .

▫ General Provisions and Basic Principles
▫ Standards concerning the availability, scope and use of
Intellectual Property Rights
▫ Enforcement of Intellectual Property Rights
▫ Acquisition and Maintenance of Intellectual Property
Rights
▫ and Related Inter-Parties Procedure
▫ Dispute Prevention and Settlement
▫ Transitional Arrangements
▫ Institutional Arrangements: Final Provisions
Agreement between WIPO-WTO
• Agreement between WIPO and WTO was
concluded in Geneva on December 22, 1995
• The purpose of this agreement between WIPO
and WTO is to establish a relationship
conductive for cooperation
Features
• Accessibility of laws and regulations in the
WIPO collection by WTO members
• and their nationals
• Accessibility of the computerized database to
WTO members and their nationals
• a Accessibility of laws and regulations in the
WIPO collection by WTO Secretariat and council
of TRIPs.
The Patent Cooperation Treaty
• The PCT concluded in 1970 is open to state party
to the Paris Convention and entered into forced
on January 24,1978.
• 153 members
• Object of the PCT
▫ to seek cooperation of states
▫ simplification of procedure in filing patent
application in states which are parties to
agreement
Procedure for filing International
Patent Application
 filing an application at receiving Office by the
applicant
International search of application by an
International Search Authority (ISA)
 Issuance of 'International search report’ along with
written opinion
 Publication of application by the International
Bureau
 Request for an International preliminary
examination
Entering into national phase application.