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Intellectual property rights are customarily divided into two main areas:
(i) Copyright and rights related to copyright. back
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The rights of authors of literary and artistic works (such as books and
other writings, musical compositions, paintings, sculpture, computer
programs and films) are protected by copyright, for a minimum period of
50 years after the death of the author.
Also protected through copyright and related (sometimes referred to as “neighbouring”)
rights are the rights of performers (e.g. actors, singers and musicians),
producers of phonograms (sound recordings) and broadcasting organizations.
The main social purpose of protection of copyright and related rights is
to encourage and reward creative work.
(ii) Industrial property. back
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Industrial property can usefully be divided into two main areas:
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One area can be characterized as the protection of distinctive signs, in
particular trademarks (which distinguish the goods or services of one
undertaking from those of other undertakings) and geographical
indications (which identify a good as originating in a place where a
given characteristic of the good is essentially attributable to its
geographical origin).
The protection of such distinctive signs aims to stimulate and ensure
fair competition and to protect consumers, by enabling them to make
informed choices between various goods and services. The protection may
last indefinitely, provided the sign in question continues to be
distinctive.
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Other types of industrial property are protected primarily to stimulate
innovation, design and the creation of technology. In this category fall
inventions (protected by patents), industrial designs and trade secrets.
The social purpose is to provide protection for the results of
investment in the development of new technology, thus giving the
incentive and means to finance research and development activities.
A functioning intellectual property regime should also facilitate the
transfer of technology in the form of foreign direct investment, joint
ventures and licensing.
The protection is usually given for a finite term (typically 20 years in
the case of patents).
While the basic social objectives of intellectual property protection are
as outlined above, it should also be noted that the exclusive rights given
are generally subject to a number of limitations and exceptions, aimed at
fine-tuning the balance that has to be found between the legitimate
interests of right holders and of users. |
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