International Patent Law

Paper Summary:

This paper illustrates, analyzes and compares articles regarding the existing obligations or provisions regarding international patent law. It examines those provisions that fall under the Paris Convention, the Patent Cooperation Treaty, the Berne Convention and the Rome Convention. It also looks at the Treaty on Intellectual Property in Respect of Integrated Circuits and the European patent Convention, the Treaty on Intellectual Property in Respect of Integrated Circuits and the European patent Convention.

Table of Contents:
Introduction
Implementation Of The Trips Agreement
National And Most-Favored-Nation Treatment
Patent Right Exhaustion: Doha Declaration (Analysis Of Article 6)
TRIPS And Article 7 (Technological Promotion And Public Protection) Health Analysis
General Enforcement Obligations: Analysis Of Article 41
Fair And Equitable Procedures Article 42
Evidence (Article 43)
Article 45: Damages - Comparison and Analysis Related to IP Where Applicable

From the Paper:

"The guides existing to allow action that is effective in prevention of infringement state the "the requirement procedures permit 'effective action' speaks to all possible remedies, including civil, administrative and criminal procedures, as well as border measures, customs, tax and communication procedures." Copyright law in countries of optical media product export has proved ineffective in terms of media licensing and "countries have adopted optical media licensing regimes." TRIPS has as an obligation the provision of "effective actions" of infringement upon rights under this Article. It is held that Article 41 when combined with 61 (assumed to be understood as subsumed within the requirements of Article 41" make it a further requirement o countries to make the provision of any remedies "available" and not limited to those that are only within the law. Article 61 obliges countries to make the provision of criminal procedures and penalties "at least in cases of willful trademark counterfeiting or copyright privacy.""

Sample of Sources Used:

• Overview of Intellectual Property Rights and the TRIPS Agreement (nd) http://www.osec.doc.gov/ogc/occic/ipr.html
• WTO Analytical Index: TRIPS: Agreement on Trade-Related Aspects of Intellectual Property Rights http://www.wto.org/english/res_e/booksp_e/analytic_index_e/trips_01_e.htm#article3
• The text of Articles 1-12 and 19 of the Paris Convention appears in Section LXXV http://www.wto.org/english/res_e/booksp_e/analytic_index_e/trips_04_e.htm#paris.
• Agreement on Trade Related Aspects of Intellectual Property Rights http://www.wto.org/english/res_e/booksp_e/analytic_index_e/trips_04_e.htm#paris
• Correa, Carlos M. (2002) Implications of the Doha Declaration on the TRIPS Agreement and Public Health. 2002 June. http://www.gefoodalert.org/library/admin/uploadedfiles/Implications_of_the_Doha_Declaration_on_the_TR.htm

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