World Intellectual Property Day, April 26
July 13, 2011
Intellectual Property News
The National Algerian Institute for Industrial Property proposed the institutionalization of an international day for intellectual property, with the aim of more awareness.
The Chinese delegation to the WIPO proposed the adoption of the “World Intellectual Property Day“.
In 1999, the General Assembly of the World Intellectual Property Organization (WIPO) approved the idea of declaring April 26 as a World Intellectual Property Day.
World Intellectual Property Day was established in 2000.
April 26 was the date on which the Convention established the World Intellectual Property Organization in 1970.
Each year, a message is associated with World Intellectual Property Day:
- 2001 – Creating the Future Today
- 2002 – Encouraging Creativity
- 2003 – Make Intellectual Property Your Business
- 2004 – Encouraging Creativity
- 2005 – Think, Imagine, Create
- 2006 – It Starts With An Idea
- 2007 – Encouraging Creativity
- 2008 – Celebrating innovation and promoting respect for intellectual property
- 2009 – Green Innovation
- 2010 – Innovation – Linking the World
- 2011 – Designing the Future
World Intellectual Property Day raises awareness of patented inventions, copyrights, trademarks and registered designs.
World Intellectual Property Day celebrates creativity and the contribution made by innovators and creators.
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Industrial Design Rights
May 10, 2011
Intellectual Property Information
Industrial design right is a type intellectual property right awarded for the protection of the visual aspects of items which are not made for purely utilitarian reasons. An industrial design right protects the shape, pattern, colour or combination of patterns and colour which are in three dimensional form.
The pattern doesn’t have to be three dimensional as industrial design rights are also awarded to two dimensional products. The Hague Agreement concerning the International Deposit of Industrial Designs governs the procedures of the registration of design rights internationally.
This means that you can file one application with WIPO or you can go the national route for filing industrial design rights. The treaty has simplified the whole process making in possible to designate all the countries which you want to include in the protection. The first industrial design right was awarded in the UK.
The rights fall within the sui-generis group of intellectual property rights.
Requirements for an industrial design to qualify for rights allocation include novelty and individual character. In terms of novelty the design may not be similar to one already made public. In terms of individual character the design must be unique. Industrial design rights help to promote creativity ensuring that products can look attractive. The aesthetic character of the item is protected with this group of rights.
Fair competition is encouraged the right to exclude others from usage without approval and financial compensation. In essence then, industrial design rights help to protect and encourage creativity and are also more affordable than for instance, a patent.
Design rights and more specifically industrial types are award to products in the handicraft, electrical, medical and other industries.
View our range of services regarding the registration and maintenance of an industrial design right and contact us for legal assistance today.
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Patent Cooperation Treaty Applications explained
February 8, 2011
Attorneys, Intellectual Property News, Patents
The Patent Cooperation Treaty is often referred to as the PCT. It is an international treaty that governs patent filings and cooperation amongst member states.
The Patent Cooperation Treaty came into being as far back as 1970 with the aim of unifying patent filing procedures and to ensure that the patents granted in the member states are protected against infringement thereof.
Although there certainly is no such thing as an international patent, the term used for the filing of patents under the Patent Cooperation Treaty is known as the international filing or application. It can also be referred to as a PCT filing.
Under the Paris Cooperation Treaty only one application needs to be lodged with the Receiving Office. It can be done in one language. The International Searching Authority, which is more often referred to as ISA, then does a search. Once the search has been completed, ISA provides an opinion in writing about the application. The invention must be deemed patentable for application to go onto the next phase.
In some instances the IPEA, which stands for International Preliminary Examination Authority will also perform an examination. The last phase of a patent application with the Patent Cooperation Treaty involves another examination by the national patent authority.
The World Intellectual Property Organisation, known as WIPO, administers the PCT. In effect the member states of the Paris Convention, who are signatories to the Paris Cooperation Treaty, number more than 124 and as such it is possible to file a single patent application to cover all the countries, although each country must still authorise the patent after their national or regional examination.
To file an international application you must be resident in one of the Paris Patent Cooperation Treaty signatory countries.
Should you require assistance with the filing of a PCT patent application contact us at Smit & Van Wyk for professional legal assistance.
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WIPO | World Intellectual Property Organization
April 26, 2010
Intellectual Property Information
WIPO stands for World Intellectual Property Organization and is a United Nations (UN) agency which came into being in the late 1960s. The WIPO headquarters are located in Switzerland in the city of Geneva. There are 184 member states of the organisation, representing more than 89% of the countries globally.
WIPO administrates 23 treaties of which four are for classification, 13 for Intellectual Property Protection and a further six for worldwide protection. The application process for a patent is uncomplicated, but it is important to note that of the 184 member states must approve the patent before it becomes valid and protected within their borders. This can take a while. Since it is a UN agency, it ensures that the protection granted will be respected by each of the member states.
WIPO however, doesn’t only provide protection for patents, but also other Intellectual Property including that of copyright, designs, and trademarks. With this protection artists and musicians have the freedom to create masterpieces and have the assurance that their copyrighted works will be protected in all the member states.
Photographers, writers, and architects, companies looking to brand, and designers such as jewellery designers also have their fair share of protection.
If you want your patent to be protected worldwide, you need to apply for such internationally. Get in contact with our lawyers for assistance and guidance.
Our years of experience regarding intellectual property applications, locally and internationally will be to your benefit.
Contact us today for assistance regarding registration of intellectual property rights as overseen by WIPO.
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How has copyright kept up with advances in technology?
August 25, 2009
Copyright ©
The field of copyright and related rights has expanded enormously with the technological progress of the last several decades, which has brought new ways of spreading creations by such forms of worldwide communication as satellite broadcast and compact discs.
Dissemination of works via the Internet is but the latest development, which raises new questions concerning copyright.
WIPO is deeply involved in the ongoing international debate to shape new standards for copyright protection in cyberspace. The organization administers the WIPO Copyright Treaty and the WIPO
Performances and Phonogram Treaty (often known together as the “Internet Treaties”), which set down international norms aimed at preventing unauthorized access to and use of creative works on the Internet or other digital networks. -WIPO
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