INTELLECTUAL PROPERTY Industrial property forms part of the broader concept of "intellectual property." The objects of intellectual property are the creations of the human mind, the human intellect hence the expression "intellectual" property. In a somewhat simplified way, one can state that intellectual property relates to pieces of information which can be incorporated in tangible objects at the same time in an unlimited number of copies at different locations anywhere in the world. The property is not in those copies but in the information reflected in those copies. Similar to property in movable things and immovable property, intellectual property, too, is characterized by certain limitations. For example, limited duration in the case of copyright and patents. THE BRANCHES OF IN1ELLECTUAL PROPERTY Copyright 1 Copyright relates to artistic creations, such as poems, novels, music, paintings, cinematographic works, etc. Second Year 2019 2 In most European languages other than English, copyright is called author's rights. The expression "copyright" refers to the main act which, in respect of literary and artistic creations, may be made only by the author. That act is the making of copies of the literary or artistic work, such as a book, a painting, a photograph, a motion picture. The second expression, "author's rights" refers to the person who is the creator of the artistic work, its author, thus underlining the fact, recognized in most laws, that the author has certain specific rights in his creation. Example, the right to prevent a distorted reproduction, which can be exercised only by himself, whereas other rights, such as the right to make copies, can be exercised by other persons. For example, a publisher who has obtained a license to this effect from the author. (2) Industrial Property: 2 Industrial property, is sometimes misunderstood as relating to movable or immovable property used for industrial production, such as factories, equipment for production. Second Year 2019 3 Typically, the creations to which industrial property relates are inventions and industrial designs. In addition, industrial property includes trademarks, service marks, commercial names and the protection against unfair competition. What counts here is that the object of industrial property typically consists of signs transmitting information to consumers, in particular, as regards products and services offered on the market, and that the protection is directed against unauthorized use of such signs which is likely to mislead consumers, and against misleading practices in general. Indeed, inventions are exploited in industrial plants. But trademarks, service marks, commercial names and commercial designations are of interest not only to industry but also and mainly to commerce. (A) Inventions: As has already been said, inventions are new solutions to technical problems. This is not an official definition. Most laws dealing with the protection of inventions do not define the notion of inventions. However, the WIPO Model Law for Developing Countries on Inventions (1979) contained a definition which read as follows: "'Invention' means an idea of an inventor which permits in practice the solution to a specific problem in the field of technology." Second Year 2019 4 9191 (B) Patents : Inventions are characteristically protected by patents, also called "patents for invention." Every country which gives legal protection to inventions, and there are more than 140 such countries gives such protection through patents although there are a few countries in which protection may also be given by means other than patents. 941 The word "patent" is often used in two senses. One of them is the document that is called "patent" or "letters patent." The other is the content of the protection that a patent confers. The first sense of the word "patent," that is, when it means a document. If a person makes what he believes is an invention, if he works for an entity, that entity, asks the Government by filing an application with the Patent Office to give him a document in which it is stated what the invention is and that he is the owner of the patent. This document, issued by a Government authority, is called a patent or a patent for invention. Not all inventions are patentable. Generally, patent laws require that, in order to be patentable, (1)the invention must be new, (2)it must Second Year 2019 5 involve an inventive step (or it must be non-obvious), and it must be (3) industrially applicable. 9 3 2 These three requirements, sometimes called the requirements or conditions of patentability. The conditions of novelty and inventive step must exist on a certain date. That date, generally, is the date on which the application is filed. However, in a certain case it will not matter if the conditions no longer exist on that date. That case is regulated in the Paris Convention for the Protection of Industrial Property ("the Paris Convention") and concerns the situation where the application of a given applicant concerning a given invention is not the first application of that applicant for that invention, but a later application by the same applicant for the same invention. For example, the first application was filed in Japan and the second in France. In such a case, it will be sufficient that the conditions of novelty and inventive step exist on the date on which the first (the Japanese) application was filed. In other words, the second (the French) application will have a priority over any applications filed by other applicants in France between the date of the first (Japanese) and the second (French) application, provided the period between the two dates does not exceed 12 months. Second Year 2019 6 92 Because of such priority, the advantage thus assured to the applicant is called "right of priority." The second sense of the word "patent." The protection that a patent for invention confers means that anyone who wishes to exploit the invention must obtain the authorization of the person who received the patent - called "the patentee" or "the owner of the patent" - to exploit the invention. If anyone exploits the patented invention without such authorization, he commits an illegal act. Such protection is limited in time. According to Article 33 of the TRIPS Agreement, the term of protection must not end before the expiration of a period of twenty years counted from the filing date. 33 (C) Trademarks: Any sign, or any combination of signs, capable of distinguishing the goods or services of one undertaking from those of other undertakings, shall be capable of constituting a trademark. Such signs, in particular words including personal names. Most countries require that trademarks for which protection is desired be registered with a government authority. The protection that laws give to a trademark consists essentially of Second Year 2019 7 making it illegal for any entity other than the owner of the trademark to use the trademark or a sign similar to it, at least in connection with goods for which the trademark was registered or with goods similar to such goods without the authorization of the owner. (D) Trade Names: Another category of objects of industrial property is "commercial names and designations." A commercial name or trade name the two expressions mean the same thing-is the name or designation which identifies the enterprise. In most countries, trade names may be registered with a government authority. However, under Article 8 of the Paris Convention for the Protection of Industrial Property, a trade name must be protected without the obligation of filing or registration, whether or not it forms part of a trademark. 8 Protection generally means that the trade name of one enterprise may not be used by another enterprise. Second Year 2019 8 (E)Utility Models : Utility models are found in the laws of a limited number (about 20) of countries in the world, and in the OAPI (African organization of Intellectual property) regional agreement. 21 In addition, some other countries (for example, Australia and Malaysia) provide for titles of protection which may be considered similar to utility models. They are called "petty patents" or "utility innovations." The expression "utility model" is merely a name given to certain inventions, namely according to the laws of most countries which contain provisions on utility models. (inventions in the mechanical and technological field). (F) Industrial Designs: An industrial design is the ornamental or aesthetic aspect of a useful article. Such particular aspect may depend on the shape, pattern or color of the article. The design must appeal to the sense of sight. It must be reproducible by industrial means; this is the essential purpose of the design, and is why the design is called "industrial." In order to be protectable, an industrial design must, according to some laws, be new and, according to other laws, original. Second Year 2019 9 Industrial designs are usually protected against unauthorized copying or imitation. Under the TRIPS Agreement, the duration of protection available shall amount to at least 10 years. 91 (G) Intelectual Property In Respect of Integrated Circuits The question of the type of protection to be given to the layout-design, of integrated circuits is relatively new. Electrical circuitry have been used for a long time in the manufacture of electrical equipment (for example, radios). Large-scale integration of a multitude of electrical functions in a very small component became possible only a few years ago as result of advances in semiconductor technology. The layout-designs of integrated circuits are creations of the human mind. They are usually the result of an enormous investment, both in the terms of highly qualified experts, and financially. Integrated circuits are utilized in a large range of products, including articles of everyday use, such as watches, television, washing machines, automobiles, etc. Second Year 2019 11 (H) Geographical Indsications : Among commercial designations there are also geographical indications. The TRIPS Agreement (Articles 22 to 24) establishes certain obligations as regards the protection of geographical indications, which are defined as "indications which identify a good as originating in the territory of a Member or a region characteristic of the good is essentially attributable to its geographical origin." 24 22 PROTECTION AGAINST UNFAIR COMPETITION The last object of the protection of industrial property is the protection against unfair competition. Such protection, required under Article 10 of the Paris Convention, is directed against acts of competition that are contrary to honest practices in industry or commerce. 91 The protection against unfair competition supplements the protection of inventions, industrial designs, trademarks and geographical indications. It is particularly important for the protection of know-how, that is: technology or information which is not protected by a patent. The TRIPS Agreement contains, in its Article 39, provisions on the protection of undisclosed information (trade secrets). UNIT 2 Non-Governmental Organizations (NG0s) What organizations in your country do voluntary work to help society? Have you ever done voluntary work yourself or worked for an NGO? 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Question
What organizations in your country do voluntary work to help society? Have you ever done voluntary work yourself or worked for an NGO?
Answer
Following are the Non governemnt organization in our country which works for the improvement of youth and the society
I wrok nas volunteer for a number of organization who are NGOs and I feel blessed that i got the opportunity to work with these NGOs in contributing to the welofare of community .I worked or volunteered for American heart association and I was to provide assistance to those needy youth or children or old aged people who are suffering for heart disease or heart problem which is very high in today scenario .This organization teachhed me how as a hman we should live in this planet and love the human as we love our selves .
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