Where would be better protected the rights of a new written book? The answer is everywhere, in any country that has signed the TRIPS, or another convention . May that be the cyberspace or the cultural diversity or indigenous knowledge, they need to be protected at an international level because of the continuous interaction of forces in the context of globalisation.
‘We have been witnessing a dematerialization of property and most important nowadays are ideas, under the form of patents, registered trade marks,..’ noticed the former Romanian president Ion Iliescu, in his speech at Geneva in 2001.It was the WIPO – Policy Advisory Commission Meeting and in that context he further saw in this legal protection an instrument of development. At the same time must exist the trust in a legal system where are stimulated the investments, whether internal or from foreign sources.
IP became of a worldwide concern since the big corporations began extending their knowledge through know-how, management ,trade secrets , patents, related property, trademarks, copyrights, franchising. The multinationals’ expansion requested, if not an anticipated solid international IP law base then at least an awakening of a common interest of the countries; it needed focus on the legal shield for having an efficient strength around the transparent ownership of ideas.
Around the trade secrets there has always been a great concern of the MNEs in that of keeping the secrets as long as possible.
Could be one of the most popular case of a secret’s protection when the Indian government tried to force the Coca Cola company to reveal the formula in change of any further doing business in India. The answer was the company’s withdraw rather than disclosing the secret, even if it was India’s leading drink until 1977 that year. It’s probably a classic case of collision between a government and a huge company but what’s for sure is that the IP rights were under threat due to the pressure from the government…though governments are instruments of applying the law. India did have further issues to raise against the company.
On NOW television , Vandana Shiva in an interview in may 2003 was openly in front of the broad audience declaring that Coca-Cola is taking the Gange water from the population suffering of thirst in some certain communities, another accusation was of polluting some important sources of water, and the company was using every drop of water by selling it, might be a bit of exaggeration in the words of the militant for India’s rights but what is certain is that once ensured the legal frame in any direction of development taken in a globalised economic activity, the course would be more predictable and the consequences could be better measured and the investments would have a safer welcome. Is needed the protection of any form of intellectual property and trade secrets.
The IP law required at a certain moment the intervention of states together through conventions to can provide in this way the necessary safety of an idea that can be materialized in a good object for trade. The more this was needed as the international became as common as national in commercial activities. Indeed , in making a safer place for investments, was needed a more secure frame for international IP law.
Going back in time, the term intellectual property was introduced in the western courts , in the case of Darvoll et al.v. Brown in October 1845 in Massachusetts Circuit Court. Both patents and copyrights appear first in Italy of the Renaissance. The passing from national to international courts was made through treaties and conventions but the one that made the greatest change in this direction was TRIPS –trade related aspects of intellectual property rights and it came into effect in 1995. Its importance is underlined also by the fact that it is one of the founding treaties of the WTO .
It brings the legal frame , the rules demanded by an international protection of intellectual property in any form . It is still having a controversial side in that some poor countries for instance can’t afford paying the access to medicines needed as in AIDS/HIV.
The activity of WIPO (a United Nations agency located in Geneva had a long path, it was followed by the Paris Convention with last revision in 1967 with its demand for the parties that a ‘national treatment ‘will be given to the citizens of other countries parts at convention, also the one year protection in any of these countries as from the date of the own country’s applying.
Patent Cooperation Treaty (PCT) 1979 is bringing the rule that between member states a citizen can find centralized filling and standardized application procedures.
Budapest Treaty 1977 covers the patent in deposits of microorganisms or biotechnology .
Berne Convention 1986 provides the legal framework in copyright matters, towards artistic and literary works.
The Rome Convention protects the media productions and recordings.
In the context of globalised businesses with new ideas being used to bring economic development the international IP law appears as the only way to bring safety to the new forms of property volatilised in immaterial ownerships of an imaginary citizen who would want to travel with his invention to a country that would probably value more if not at least protect his invention , book or new product.
Veroniqlaw
http://www.articlesbase.com/intellectual-property-articles/towards-ips-international-protection-675770.html
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