International Registrations (1995-1999)*
The Protection of Patents, Trademarks, Industrial Designs and GIs and Their Role in Trade and Commerce
Denis Cohen, WIPO
Trademarks (protect a sign in relation to goods and/or services)
Designs (protect the external appearance of a product)
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Three dimensional feature such as the SHAPE of a product
OR a combination of one or more such features
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Three dimensional feature such as the SHAPE of a product
OR a combination of one or more such features
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In contrast with copyright, the common denominator to industrial property (patents, trademarks and designs) lies in the fact that:
protection requires registration
TRADEMARK REGISTRATION
Examples of Fees (for a trademark registration covering one class of goods or services):
Australia: 345 $; Norway: 360 $;
Canada: 440 $; Singapore: 220 $;
France: 290 $; Spain: 240 $;
India: 55 $; Switzerland: 560 $;
Japan: 735 $; UK: 380 $;
Morocco: 70 $; OAPI: 780 $
USA: 375 $; EC: 2,240 $
USA: 320$; European Community: 450$
An ID must be registered to be protected under ID law.
Applicant fills in application provided by the national IP office includes drawings or pictures of the design. Some countries may require a written description of the design - this should be adequate enough to differentiate the design to be registered from earlier designs.
The IP office will undertake a formal examination to ensure that the admin formalities are complied with - others may conduct a substantive examination to check existing designs on the register for novelty and or originality
Once design is registered it is entered in the design register and published in the official design gazette and a certificate is issued.
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Role of IP in Trade and Commerce
Common denominator to patents, trademarks, designs And GI’s: protection entails monopoly of rights for the owner
privileged situation in the market
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When buying a product, consumers decisions are mainly influenced by:
price
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Patents (20 years)
Designs (from 10 to 50 years according to the country concerned)
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Rank
Brand
Rank
Brand
International Registration Treaties
Patents: the Patent Cooperation treaty (PCT) on June 19, 1970. Membership: 132 States (including Australia)
Trademarks: the Madrid Agreement and Protocol Concerning the International Registration of Marks. Membership: 82 States (including Australia)
Designs: Adoption of the Hague Agreement Concerning the International Registration of Designs Membership: 47 States