TRIMESTER 3, 2010/2011 BIP2614 INTELLECTUAL PROPERTY LAW

INTRODUCTION
BY SIK CHENG PENG
MARCH 2011 Page 1


INTRODUCTION

1 What is Intellectual Property?

- Intellectual creations
- Industrial property: the Paris Convention for the Protection of Industrial
Property 1883
- cf physical properties


2 Rationale & Justification


3 International Treaties or Conventions

- Malaysia is a contracting parties of

~ Paris Convention for the Protection of Industrial Property, 1883
~ Berne Convention for the Protection of Literary and Artistic Works, 1886
~ Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs), 1994
~ Patent Cooperation Treaty (PCT)
~ Nice Agreement
~ Vienna Agreement


3.1 The Paris Convention

- Signed on 20 March 1883
- Industrial designs, trademarks and patents
- Significance:

~ First filing date as the effective filing date if filed within 6 months (industrial designs &
trademarks) or 12 months (patents)


3.2 The Berne Convention

- Berne, Switzerland in 1886
- Significance:
~ No formalities
~ National treatment for foreign authors of other Member States



TRIMESTER 3, 2010/2011 BIP2614 INTELLECTUAL PROPERTY LAW

INTRODUCTION
BY SIK CHENG PENG
MARCH 2011 Page 2



3.3 The World Intellectual Property Organization

- In 1967
- Organization within the United Nations in 1974

- Purpose:
~ Art 3 of the Convention: to promote the protection of intellectual property throughout
the world

- Full list of WIPO-administered Treaties:
http://www.wipo.int/treaties/enindex.jsp
- Search on membership of treaties,
- http://www.wipo.int/treaties/en/SearchForm.jsp?search_what=C

- Important feature: Each Member State has one vote

- Developed countries (US) set the minimum standards of IP via the General
Agreement on Tariffs and Trade (GATT) in 1994


3.4 The World Trade Organization

- The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs)
negotiated at the Uruguay Round of the GATT which then became the World
Trade Organization (WTO)
- Ratification of TRIPs is a must to be a member of WTO
- Developed countries gained greater control


3.5 TRIPs Agreement

- Significance:

~ Minimum term of copyright protection is 50 years after the death of the author
~ No formalities
~ Computer programs are protected as literary works
~ Exceptions to copyright infringement have to be strictly constrained
~ Patents to be granted in all fields of technology and for minimum term of 20 years
~ Exceptions to patents are also to be strictly constrained

- Refers substantially to the Berne Convention and the Paris Convention


TRIMESTER 3, 2010/2011 BIP2614 INTELLECTUAL PROPERTY LAW

INTRODUCTION
BY SIK CHENG PENG
MARCH 2011 Page 3




4 MyIPO

Intellectual Property Corporation of Malaysia:
http://www.mipc.gov.my/index.php