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The proposal to introduce product patents broadens the definition by introducing the words “not obvious” and “useful”, which are suitable for inventiveness or business creation. “Intellectual property” refers to the creations of the Spirit. These creations can take many different forms, such as artistic expressions, signs, symbols and names used in trade, designs and inventions. Governments grant creators the right to prevent others from using their inventions, designs or other creations – and to use this right to negotiate payments for others who use them. These are “intellectual property rights”. They take a number of forms. For example, books, paintings and films are subject to copyright; appropriate inventions may be patented; trademarks and product logos may be registered as trademarks; And so on. Governments grant creators these rights as incentives to produce and disseminate ideas that benefit society as a whole. The TRIPS Agreement stipulates that patent protection must be available for appropriate inventions in all new technological fields, which involve an inventive step and which can be applied industrially. Eligible inventions include both products and processes.

They must be protected for at least 20 years. However, governments may refuse to grant a patent for an invention if its sale is to be prohibited on public policy or moral grounds. They may also exclude from patent protection diagnostic, therapeutic and surgical methods, plants and animals (other than micro-organisms) and biological processes in their manufacture (other than microbiological processes). In addition to the basic intellectual property standards established by the TRIPS Agreement, many nations have engaged in bilateral agreements to introduce a higher level of protection. This collection of standards, known as TRIPS+ or TRIPS-Plus, can take many forms. [20] The general objectives of these agreements are as follows: however, plant varieties must be able to be protected by patents or by a particular system (such as the rights of breeders under the upov – International Association for the Protection of New Varieties of Plants conventions) or by both. The Doha Ministerial Conference, held in November 2001, was considered a success. The new round is a challenge, an opportunity for developing countries to obtain more favourable concessions under the emerging regime. . . .


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