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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:
- 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.
- 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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