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Categories of Intellectual Property Rights covered under TRIPS Agreement

Team Lawyered
Team Lawyered
  • Sep 19, 2022
  • 5 min to read
Categories of Intellectual Property Rights covered under TRIPS Agreement Lawyered

The TRIPs support each member state's ability to enact its own intellectual property laws independently. Due to ongoing demand from rich and industrialised nations, this clause has been added. There are seven categories of Intellectual Property rights:

  1. Copyright

  2. Trademark

  3. Patent

  4. Industrial Designs 

  5. Geographical Indications

  6. Integrated Circuits

  7. Trade Secrets

The details of these rights are as follows:

  1. Copyright: The copyright helps the parties to protect their literary and artistic works. Computer programmes are also included in literary works. Authors of Computer programmes, performers on a phonogram, producers of phonograms (sound recordings) and broadcasting organisations are to be given the right to authorise or prohibit the commercial rental of their works to the public. These similar exclusive rights also apply to the films. The protection to performers and producers of sound recordings are given for not less than 50 years and for broadcasting organisations for at least 20 years.

  2. Trademark: Trademarks are any symbol or set of symbols that can be used to identify certain goods or services. Such signs, in particular creations containing names, letters, numbers, figurative components, colour combinations, and combinations of such signs, are eligible for trademark registration.

The sole right to prevent any third parties from using identical or similar signs for products or services in the course of commerce belongs to the owner of a registered trademark. A trademark must be registered for a minimum of seven years the first time, and every time it is renewed. A trademark's registration may be renewed indefinitely.

  1. Geographical Indications: When the quality or reputation of a good is primarily related to its geographic origin, it refers to the identification of goods that originate in the area of a member or a particular region or locality within that territory.

Members are obligated to offer interested parties the legal means to restrict the use of any indication that misleads consumers about the origin of goods and any usage that would be considered an unfair business practice.

  1. Industrial Designs: They can be protected for a period of 10 years. Owners of protected designs would be allowed to stop the production, sale, or importation of goods bearing or incorporating a replica of the protected design for profit.

  2. Patent: All technological innovations, including items and processes, are eligible for patent protection as long as they are novel, entail an inventive step, and have a practical industrial application. Owners of patents shall have the right to licence their intellectual property and to assign or transfer their patents via succession. The Agreement mandates a 20-year patent term.

  3. Integrated Circuits: The TRIP'S Agreement offers ten years of protection for integrated circuit layout designs. However, the protection will expire 15 years after the layout design was created.

  4. Trade Secrets: Trade secrets with commercial worth must be secured from espionage and other crimes. Test results that are submitted to governments to acquire marketing authorization for pharmaceuticals or agricultural pesticides must be shielded from improper commercial use.

 

Team Lawyered
Team Lawyered

Lawyered is a legal tech initiative designed to change the way people interact with and within the legal industry. We believe that access to critical services like legal should be just a click away. Our team is working to bring legal online, making it cost effective, high quality and accessible for all.

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Sophie Asveld

February 14, 2019

Email is a crucial channel in any marketing mix, and never has this been truer than for today’s entrepreneur. Curious what to say.

Blog Comment
Sophie Asveld

February 14, 2019

Email is a crucial channel in any marketing mix, and never has this been truer than for today’s entrepreneur. Curious what to say.

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