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"LAWCHEK® Intellectual Property"
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What international laws govern intellectual property? |
Generally, intellectual property rights are governed by national law of each individual foreign country. The U.S., however, has entered into a number of "reciprocal rights" international agreements to ensure minimum intellectual property rights for U.S. nationals in particular foreign countries. The goal of these international agreements is to provide three basic privileges to all intellectual property applicants: equivalent treatment of domestic and foreign citizens; certain minimum levels of protection must be available in all countries; and a right of "priority," whereby a filing date in one country serves as the basis for a filing date in other countries bound by the treaty. A brief discussion of the international agreements affecting intellectual property follows.
Patents. Foreign patent
rights of U.S. nationals are protected by several multilateral
international agreements. The
United States and most other industrialized nations subscribe to the Patent
Cooperation Treaty (PCT). A
single PCT application receives an initial search and examination by a
central examining authority, and the considerable expense of filing
applications in various nations is deferred for up to 30 months.
Under the Paris Convention, a U.S. inventor may file a
foreign patent application or a PCT application within one year of the
filing date of the corresponding U.S. patent application, and the U.S.
filing date will be recognized ("given priority") by the
foreign country. This
priority right is quite important, because most foreign countries
require a priority patent application to be filed prior to any act which
makes the invention "available to the public." The Trade Related Aspects of Intellectual Property (T.R.I.P.s)
Agreement of the General Agreement on Tariffs and Trade (G.A.T.T.)
requires certain minimum standards of patent protection in each
signatory nation, including: a
minimum patent term of twenty years from the filing date; a description
of the invention in such a clear and concise manner that those skilled
in the art could make and use the invention; the disclosure of the
invention's "best mode"; and granting the patentee the right
to exclude others from making, using, selling, offering for sale or
importing infringing products or processes.
The North American Free Trade Agreement (N.A.F.T.A.) also
provides similar protection between North American signatory nations.
Trademarks.
The Paris Convention applies to trademarks as well as
patents. The
Paris Convention provides that each member nation:
treat foreigners the same as their own citizens, grant minimum
levels of registrability and protection, and provide for a six-month
right of priority among member nations.
The T.R.I.P.s Agreement of G.A.T.T. raises the
threshold of the minimum level of protection provided by the Paris
Convention.
Copyright.
Copyright protection for foreigners is ensured through three
international agreements:
The Berne Convention provides national treatment, minimum
levels of protection and priority between nations for copyright
protection.
T.R.I.P.s extends copyright protection to computer
programs and compilations of data.
The Universal Copyright Convention (U.C.C.) is similar to
the Berne Convention but provides for different levels of minimum
protection.
Trade
Secrets.
Trade secrets are afforded the least international protection
among intellectual property.
T.R.I.P.s requires all member nations to protect
"undisclosed information," which may significantly impact
international trade secret protection. |
This is not a substitute for legal
advice. An
attorney must be consulted.
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