General

HAMNA

NEW DELHI :-In many countries in the world, there is a large number of people who have their own art and different kinds of knowledge and thinking on many subjects, people make a new thing by themselves or do new research on a subject or make a mark, people Such work done by them is their property. Keeping these subjects in mind, all countries have made agreements at the international level to provide security to the work of their citizens, so that the citizens of each country should protect their work. 

Today’s article is based on the same topic, this article will prove to be suitable for short question in UPSC exam mains paper.

International Convention on Patents and Copyright

• Paris Convention
• Patent co-operation treaty
• WTO TRIPs
• Harmonization of CBD and TRIPs

• Paris Convention
  The Paris Convention was held in 1883 and was last revised in 1967. This Convention applies to the industrial estates of all parties such as patent, trademark and design.

All parties to the Convention will receive the same protection as any innovator in their country.

All member states will receive protection.
It will take 12 months for patent protection and 6 months for trade mark and design protection.This agreement gives goods protection to all countries.

The Convention has fixed certain common rules for all the parties which it will abide.

India is a member of this convention from 7 December 1998, then India will also provide protection to all other parties.

• Patent Co-Operation Treaty (PCT)

This Convention was held in 1970. This Convention is also open to the parties of the Paris Convention which is applicable to all the parties.

It provides for an international patent application that facilitates application to all parties.

In this, applications (National Patent Office) have an option in or near the National Patent Office to be filed by the application inventor through WIPO (Geneva).

The inventor shall enter the name of the countries in which the applicant seeks protection of his product.

It provides for international search. The report of International Applications and International Search is published by the International Bureau of WIPO, which makes it easier for the inventor to distinguish his product.

Benefits of Patent Co-Operation Treaty (PCT)

This saves time, translates to appointing a local agent in every country, and frees from depositing fees in every country at the national level.

Patent office search and examination work is reduced.

After the publication of the report of the International Bureau, the third party is in a better position to form its opinion about it.

India became a member of the Patent Cooperation Treaty (PCT) on 7 December 1998. India will also provide protection to the inventors of other countries in their own country.

• WTO TRIPs (WTO-TRIPS)

The convention was held on 1 January 1995.This agreement sets minimum standards of patent protection by each member.

Determines the minimum international level in the area of IPR.

This minimum international level will be provided by the countries signing the WTO Agreement.

This will set the minimum level of harmony with the main agreement and convention of the VIPO.
(Bern Convention and Paris Convention)

WTO is also known in some cases as the Bern Convention and Paris Convention.

This multilateral agreement is a very comprehensive agreement.

Enforcement: – The second main set of provisions pertains to home remedies for the enforcement of intellectual property rights. This agreement sets aside the applicable principles of all IPR information procedures, in addition to the provisions limits, remedies and criminal procedures on civil and administrative measures. Related special requirements include those who can expand and effectively enforce their rights.

• Harmonization of CBD and TRIPs

It was formally proposed at the end of the Earth Summit in 1992.

It Was seen as the first decisive step taken by the global community for the conservation of CBD and the world’s genetic resources.

This was done for the protection of sovereign authority ending up within the territories of biological and genetic resources in the states as CBD was particularly important for developing countries with genetic resources.

It can establish legislation to regulate the use of those resources. In addition, it provides a multilateral agreement for the development of national laws on the use of such resources. Individual biotechnology has grown rapidly in the last two decades. Progress of biotechnology has progressed on genetic resources and this was an important step to expand the capacity to use technology to arrive at such products.