Harmonization Of International Patent Law

A patent is given to an individual who has detailed for a public disclosure or has created some sort of invention. The patent is granted by the government for a limited period of time. An invention is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem.

Everywhere we look there is intellectual property. Intellectual property relates to intangible property such as patents, trademarks, copyrights, and trade secrets” (USLegal, n.d.). With all of the intellectual property readily available, online and in print there is no wonder that we as a society have an issue with safe guarding our own intellectual property. In order to protect our intellectual property there have been many laws and or rules established to govern how we handle and safeguard this type of property. These laws are found at both state and federal levels and are different between states. In a similar fashion, laws vary between countries as well.

The second form of intellectual property that must be implemented is Patent. We must protect

Paragraph 5 of the Preamble of the TRIPS Agreement provides that “the underlying public policy objectives of national systems for the protection of intellectual property, including developmental and technological objectives” Accordingly, the Preamble is not an operative provision. Therefore, Professor Grosse Ruse-khan suggests that the position of the Preamble “merely opens a door” for other national interest to be taken into consideration, nonetheless the interest would not necessarily prevail. He contends that non-economic interest would be only considered as an “exception” to the right. Through the use of the flexibilities embedded in TRIPS, Professor Gervais contends the Preamble recognizes developing countries’ need to realize their developmental objects, such as innovation policy. However, he also stresses that the flexibility should be used in a manner that “[creates] a sound and viable technological

The World Intellectual Property Organization (n.d.) helps one understand the importance of protecting intellectual property. They have spelled out several reasons of this importance including inventing new works in technology and culture, which allows progress to be made that, can be utilized worldwide. In addition, the legal protection of intellectual property encourages the commitment of additional resources for further modernization. Finally, promoting and protecting intellectual property encourages economic growth. It creates new jobs and industries. Protecting intellectual property also enhances the quality and

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In the encyclopedia excerpt on the patent it explains what may be patented, obtaining a patent, the nature of patent rights, and foreign patent protection. To begin, this article describes what maybe patented. There are three types of patents utility patents, design patents, and plant patents. Each of these give the inventors ownership of their idea or invention. The utility patent is created for the usefulness of the invention. The utility patent is the most common patent used. A design patent is how the invention looks over how it works. Lastly, the plant patent, which is granted to a developer or discoverer and new variety of plant, reproduced by cuttings, grafting, or other asexual means. All types of patent are governed under title 35 of the United States codes. Under this code it explains that all patents are under the patent statues. Getting approval on a patent does not meant that it is a new invention all the time it could just be an improvement or just a new way of doing something. In addition, obtaining a patent is a long and challenging process. It takes time to apply for a chance to submit an application to the examiners. After the application is approved it is then published into the public. The invention has to be a new or novel invention. Being novel means that it is nonobvious. Furthermore, the patent holder has 17 years to exclude others from making, using, or selling the invention throughout the United States. A patentee can give people some rights to the

The law protects the Intellectual Property so that the people who created and invented the property can get appreciation and even in some cases monetary benefits from what they created. Every country has different laws regarding the protection of intellectual property. There are even some treaties between

A patent is the right to individually protect intellectual property from others making, using, selling or importing the invention granted by the United States government. The patent was first seen in 1474 in Venice, when the statute allowed grants and restrictions of European monopolies. Similar to the modern patent, an explanation, description, and proof of the inventions usefulness was required in order to receive the patent. Over time, the British system adopted this system and after U.S. and British history together, the U.S. government inevitably adopted and modified it to what the Patent Laws are today. Briefly, the importance of the patent being legally accepted contributes to the improvement and advancement of overall technology. It allowed individual progression without the doubt or fear of others or government embezzlement. This proved that over time, society was getting less malignant and trust was improving on a political and social level.

One of the most controversial provisions of the World Trade Organization’s (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) patent regime is the compulsory product patent protection for pharmaceutical inventions. In order to comply with the TRIPS obligation, India introduced product patent protection from 1 January 2005. In doing so, India in a way reinstated the patent regime, which is believed to favour the pharmaceutical Multinational Corporations (MNCs). While carrying out the amendment, Indian policy makers were confronted with two major concerns, viz. the future of the Indian pharmaceutical industry and access to affordable medicines within the country and other developing countries. Thus the “major concern was how the adoption of intellectual property regimes would affect their efforts to improve public health, and economic and technological development more generally, particularly if the effect of introducing patent protection was to increase the price and decrease the choice of sources of pharmaceuticals”.

Every engineer strives to achieve a certain goal throughout their career. Some focus on becoming successful both in their job and in their lives, while others work to build a better world. Some engineers might have different goals, yet each engineer reaches certain milestones throughout their career that have a worthy value. Creating a patent, is by far one of the most prestigious achievements an engineer, inventor, or anyone acquire in their lifetime. Being able to brainstorm and formulate a specific item or article no other has thought of is truly something that most can only dream of. Yet what does making a patent really consist of, apart from bragging rights and maybe self-satisfaction? Patents serve as potential money-making ideas that can increase in value over time. Some patents can be worth millions while others have less worth than your pocket change. Regardless of the exact amount a patent can be worth, they still hold value which could potentially increase over time, making it a worthy investment. Next, having a patent hung up in one’s office or stated in a resume or CV is truly an eye-catching achievement that is highly regarded. It represents one’s creative and innovative abilities which can be very much needed when applying for a job or a certain position within a company. Finally, patents allow one to sell, use or make an invention with under legal protection from the country they live in. The key word there is invention, which is an idea or creation that can

In the global business arena the concept of intellectual property has drawn much more attention now than there before, globally the protection of intellectual property is at a dynamic stage, the international cooperation on science and technology and the development of economy and trade, the legal protection of intellectual property is playing a significant role in society. According to the World Intellectual Property Organization (WIPO) intellectual property refers to the creations of human minds which include among others, inventions, literal and other artistic works, symbols and names and designs used in commerce (WIPO, 2002).

This idea of patenting technology has been long debated. In some ways, patents help push the boundaries and expand the horizons of technology. Patent laws help protect innovators who create never-before seen technology from having their idea stolen and mass produced by a competing brand name. Furthermore, these laws encourage these visionaries to be the first to brainstorm and develop a game-changing idea or to take a good idea and expound upon it. The Coalition for Patent Fairness is a group of companies dedicated to “enhancing U.S. innovation, job creation, and

In the aftermath of the 1957 Treaty , the European Economic Community (EEC) was established and customs barriers between the member states have been abolished. Member States throughout the Community, can “promote a harmonious development of economic activities, a continuous and balanced expansion, an increased stability, an accelerated raising of the standard of living and closer relations between them”. Therefore, in order for a common market to be established between Member States, the Community enacted some legislative provisions which aimed to a true harmonization of laws; incorporate different legal systems under a basic legal framework. The main issue arising is whether these legal provisions in accordance with the case law, ensured the free movement of goods within this market.

Intellectual Property is a general term used to refer to independent statutory or non-statutory systems such as patents, copyrights, trademarks and trade secrets (Drahos). Like the industrial revolution, post-war consumerism and the technology revolution, the world is currently in a state of change (Daly). Unlike those periods, however, the convergence of economic, social and environmental pressures has created an even more favourable platform for innovation (Daly). Intellectual Property plays an integral role in many functions of everyday life, specifically in encouraging innovation through product development and technological change (Daly). IP protection is also an important component of national economic policies (WIPO). Governments face complex choices regarding how to design a patent system that best serves their specific policy objectives, as well as responding to ever changing technologies and business models (WIPO). Explanations of economic growth are increasingly focusing on the power of estimated profits as motivators for innovation (Gould & Gruben, 1). This paper will first explain the premise of Intellectual Property, than give a brief theoretical background, followed by a discussion of how Intellectual Property is affected by the Economic Growth Theory, and describing the importance of Intellectual Property rights protection, as a means of demonstrating how Intellectual Property may save the world’s economies.