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Trade-Related Aspects Of Intellectual Property Rights

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Category: Business

Autor: anton 23 July 2011

Words: 716 | Pages: 3

Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an agreement produced by WTO to protect intellectual property from other WTO members. 150 countries are members of WTO as of 11th of January 2007 and that includes Australia and China. Therefore, when you take your business over to China, intellectual property right on the CATTS Coffee House should be protected. The areas covered by TRIPS agreement are: copyright, trademarks, geographical indications, industrial designs, patents, layout-designs of integrated circuits and undisclosed information.

Copyright

Copyright protects things like computer programs, books, films and sound recordings. The CATTS Coffee House has a recipe book and DVD on how to make cakes and cookies called �Too easy, no worries. Even a cat can make it! – How to make yummy cakes and cookies’. The book can be interpreted in Chinese and DVD can be subtitled and sold there. Also the theme song for the CATTS Coffee House �Addicted to CATTS’ can be translated in Chinese and used. Book, DVD and theme song will be protected by copyright.

Trademarks

Brand names and logos can be registered as trademarks. Sam, you may have often seen signs like пѓ’ and пѓ” but what are the difference between them? пѓ’ is used for registered trademarks and пѓ” is used for trademark that is not yet registered. You may use пѓ’ overseas as long you show the country that the trademark is registered. However there is a protocol called Madrid Protocol which will make registering your trademark internationally easy for you. The Madrid Protocol covers Japan, the United Kingdom, European Union countries and China with single document, your trademark will be registered within these countries.

Industrial designs

Under this category, it refers to products like unique coffee cup design that you may have within your business store that can be registered as an industrial design. This may be like cups and mugs which have distinctively symbols or characters.

Undisclosed information

Trade secret like blenders of coffee beans, ingredients, and steaming time and so on are protected under undisclosed information. In other words, it basically involves ways of how you make your coffee that are different to others.

Other protections

There are more areas within the TRIPS agreement like geographical indications, patents, and layout-designs of integrated circuits however they are not relevant to your business.

Sam Swinburne, from what we have said so far about the TRIPS Agreement is that your business plans and products can be protected through the TRIPS Agreement. You also need to understand the TRIPS Agreement is that it has 3 main features that it must follow in order for it to work. These are Standards, Enforcement and Dispute Settlement.

The TRIPS Agreement reviews the minimum principles that each of the WTO members within the Agreement must follow to protect your intellectual property rights. Protection within the agreement means what is to be protected; the rights to allow exemption to those rights and the amount of time those subjects can be protected. Another second characteristic of the Agreement is that the law must be enforced for it to work properly. It allows business companies like CATTS Coffee to feel safe that your work and goods can be protected and also make you feel that you can trust the system and that the law is effective and efficient. Enforcement also means that the law must be strict enough, that it can prevent further violations from happening again; at the same time it must be fair to those that violate the law.

Finally, the last feature of the agreement is dispute settlement. This is an important feature of the TRIPS Agreement because dispute settlement shows that the law can be enforced and at the same time the rules based system is effective in what it does.

By understanding the TRIPS Agreement of what it is and how it works, CATTS Coffee can be more confident and can operate your business overseas freely without having to fear the loss and violations towards your business products and plans.

Contracting Parties, IP Australia, viewed 17-18, 22nd of April

http://www.ipaustralia.gov.au/trademarks/international_index_parties.shtml

Intellectual property: protection and enforcement, WTO, viewed 3, 7-9, 12th of April

http://www.wto.org/english/thewto_e/whatis_e/tif_e/agrm7_e.htm

International Trade Marks, IP Australia, 17-18, 22nd of April

http://www.ipaustralia.gov.au/trademarks/international_index.shtml

Members and Observers, WTO, 3, 7-9, 12th of April

http://www.wto.org/english/thewto_e/whatis_e/tif_e/org6_e.htm

Overview: the TRIPS Agreement, WTO, 3, 7-9, 12th of April

http://www.wto.org/english/tratop_e/trips_e/intel2_e.htm

Use of letters В® and в„ў, IP Australia, 17-18, 22nd of April

http://www.ipaustralia.gov.au/trademarks/faq_index.shtml#use

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