My lecture on basic intellectual property issues for young diplomats. 2009.

1. Intellectual Property
The TRIPS Agreement

2. Types of Intellectual Property?
Copyrights Patents Trademarks

3. Copyrights
• Derived automatically, but
registrable
• literary & artistic works :
computer programmes
• Economic rights : usually
last as long as life of the
author + 50 years
• Moral rights : forever
authorship & reputation!
• Related rights :
performing , producing &
broadcasting

4. Patents
• must be registered!
• invention : novel, inventive step, industrially
applicable
• possible exclusion : discoveries, scientific
theories, medical treatment, plants & animal
varieties, methods of doing business
• product or process
• life span : usually 20 yrs (25 in some countries)

5. Trademarks
• registered (exclusive rights) or unregistered
(limited rights)
• distinctive signs, one or combination of words,
pictures, 2D or 3D – may include sounds,
fragrances or colour!
• indicate sources or origins – distinguish your
goods or services from others
• can last forever, but must be extended every
certain no. of years

6. Geographical Indications
• have a specific geographical origin and possess
qualities, reputation or characteristics that are
essentially attributable to that origin
• last forever!
• protected under : laws specifically for the
protection of GIs or Appellation of Origins, trademark
laws in the form of collective marks or certification
marks, laws against unfair competition & consumer
protection laws.

7. Exercise : identify IP

8. Why so much problems with
Intellectual Property?
Private rights Balance Public Rights

9. Rationale
• incentives for R&D
• public interests :
knowledge gets
publicised
Therefore
• good for economy
• good for free & fair
trade!

10. Compulsory Licensing
• Usually, patent owners
hold a monopoly right
expensive drugs
government can’t afford
• CL allows others to
produce these drugs too!
• two types : anti-
competition & emergency

11. Traditional Knowledge

12. Traditional Knowledge
conservation protection Benefit sharing

13. What is TK?
• No law, no definition! but may include :
Genetic Resources, Traditional
Knowledge, Folklore / Traditional Cultural
Expressions (WIPO - IGC)
• not made by a single person, but learned and
developed through generations
• usually, cannot be protected by IP law
because : not new, and too old!

14. International Laws
• General IP laws : only in limited cases e.g. OTOP
• Convention on Biological Diversity 1992 : prior inform
consent, access and benefit sharing
• Lisbon Agreement for the Protection of Appellations of
Origin 1958 : qualities are attributable to the origin
• TRIPS only cover GI for spirits and wine...
• WIPO IGC is almost dead…

15. National Law
•
•
2542
• 2542
• 2546
•

16. Problems
• purpose of protection is not clear : must
categorise TK into : TK to be publicised and
commercialised and TK to be kept secret and
prevented from unauthorised use
• database not completed : what is to be
protected is not clear
• no central authority
• who’s the owner : Local, national, regional? Is it
actually ours?

17. Possible Way Out
• identify our goals
• there must be a permanent central authority
dealing with this issue
• improve, digitalise and centralise TK databases
• develop a law on TK and modify the current IP
law where necessary

18. World Intellectual Property
Organization
legislation implementation development

19. About WIPO
• specialised agency of the UN, established
in 1967 by WIPO Convention
• over-looking 23 treaties, conventions and
agreements

20. pre-TRIPS : norm-making
post-TRIPS : norm-expanding
now : IP for development
• IP commercialisation : creative
economy, PCT
• protecting developing countries’
interest : TK
• global challenges : Committee on
Development and IP - access to
medicines, climate change, biodiversity

21. Text copyright © 2009 by
Vowpailin Chovichien
Photos are unauthorised by authors
and are examples of copyright
infringement :)
Other illustrations (silly dots, charts and
cartoon charactor) are created and
copyrighted by me