Agreement Regarding Intellectual Property Rights

There are many different intellectual property rights in English law. Some are known as copyrights, patents and trademarks; others are less well known, such as moral rights and rights in designs; Some are virtually unknown outside of professional circles, such as. B rights to typographical ordinances and protection rights to plant varieties. The TRIPS agreement contains, in reference to the provisions of the Berne Convention on the Protection of Literary and Artistic Works (Art. 9), with the exception of moral rights. It has also incorporated, referring to the material provisions of the Paris Convention on the Protection of Industrial Property (Article 2.1). The TRIPS agreement explicitly states that software and databases are copyrighted and subject to the originality requirement (Article 10). Article 35 of the TRIPS agreement obliges Member States to protect the design of integrated circuits in accordance with the provisions of the IPIC Treaty (Intellectual Property Treaty, taking into account integrated circuits) negotiated in 1989 under the aegis of WIPO. These provisions include definitions of the integrated circuit and layout design (topography), protection requirements, exclusive rights and restrictions, and use, registration and disclosure.

An integrated circuit refers to a product in its final form or an intermediate form in which the elements, of which at least one is an active element, and some or all connections are formed in full in and/or on a piece of material and must perform an electronic function. A layout design (topography) is defined as the three-dimensional layout, in terms or not, of elements of which at least one is an active element, and by some or all connections of an integrated circuit or a three-dimensional layout prepared for an integrated production circuit. The obligation to protect layout designs applies to layout designs that are original in the sense that they are the result of the intellectual efforts of their creators and are not commonplace for layout designers and integrated circuit manufacturers at the time of their creation. Exclusive rights include the right to reproduce and the right to import, sell and distribute for commercial purposes. There are restrictions on these rights. The exclusive rights that must be granted through a product patent are rights that are manufactured, used, sold, sold and imported for these purposes. The protection of process patents must be entitled not only to the use of the procedure, but also to the products obtained directly by the process. Patent holders also have the right to transfer or transfer the patent to the right and to enter into licensing agreements (Article 28). Article 40 of the TRIPS ON Agreement recognizes that certain practices or licensing conditions related to intellectual property rights that limit competition can have negative effects on trade and impede the transfer and dissemination of technology (paragraph 1).