- Tous > Public Health, Innovation, Intellectual Property and Trade > Intellectual Property (IP) and Trade
- Tous > Public Health, Innovation, Intellectual Property and Trade > Technology Transfer and Local Production
- Mots-clés > compulsory licences
- Mots-clés > concepts and definitions
- Mots-clés > intellectual property laws
- Mots-clés > intellectual property protection (IPP)
- Mots-clés > Intellectual Property Rights (IPR)
- Mots-clés > international treaties
- Mots-clés > patents
- Mots-clés > patents - examination of pharmaceutical patents
- Mots-clés > TRIPS flexibilities
- Mots-clés > World Intellectual Property Organization (WIPO)
(2004; 488 pages)
Intellectual property, very broadly, means the legal rights which result from intellectual activity in the industrial, scientific, literary and artistic fields. Countries have laws to protect intellectual property for two main reasons. One is to give statutory expression to the moral and economic rights of creators in their creations and the rights of the public in access to those creations. The second is to promote, as a deliberate act of Government policy, creativity and the dissemination and application of its results and to encourage fair trading which would contribute to economic and social development...
Patents are frequently referred to as “monopolies”, but a patent does not give the right to the inventor or the owner of a patented invention to make, use or sell anything. The effects of the grant of a patent are that the patented invention may not be exploited in the country by persons other than the owner of the patent unless the owner agrees to such exploitation.
An invention must meet several criteria if it is to be eligible for patent protection. These include, most significantly, that the invention must consist of patentable subject matter, the invention must be industrially applicable (useful), it must be new (novel), it must exhibit a sufficient “inventive step” (be non-obvious), and the disclosure of the invention in the patent application must meet certain standards...