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WIPO Lex
WIPO Lex is an online global database launched in 2010, which provides free public access to intellectual property laws, treaties and judicial decisions from around the world. The World Intellectual Property Organization (WIPO) maintains and develops the database. The objective of WIPO Lex is to provide information concerning the protection of intellectual property of WIPO Member States in accordance with Article 4(vi) of the WIPO Convention, which states that WIPO "shall assemble and disseminate information concerning the protection of intellectual property, carry out and promote studies in this field, and publish the results of such studies." WIPO Lex contains IP legal information of UN Members, as well as World Trade Organization (WTO) Members pursuant to Article 2(4) of the Agreement between WIPO and WTO of December 22, 1995 and Article 63.2 of the Agreement on Trade-Related Aspects of Intellectual Property Rights. WIPO Lex also covers international treaties related to inte ...
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Computer-assisted Legal Research
Computer-assisted legal research (CALR) or computer-based legal research is a mode of legal research that uses databases of court opinions, statutes, court documents, and secondary material. Electronic databases make large bodies of case law easily available. Databases also have additional benefits, such as Boolean searches, evaluating case authority, organizing cases by topic, and providing links to cited material. Databases are available through paid subscription or for free. Subscription-based services include Westlaw, LexisNexis, JustCite, HeinOnline, Bloomberg Law, Lex Intell, VLex and LexEur. As of 2015, the commercial market grossed $8 billion. Free services include OpenJurist, Google Scholar, AltLaw, Ravel Law, WIPO Lex, Law Delta and the databases of the Free Access to Law Movement. Purposes Computer-assisted legal research is undertaken by a variety of actors. It is taught as a topic in many law degrees and is used extensively by undergraduate and postgraduate law st ...
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Intellectual Property
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, copyrights, trademarks, and trade secrets. The modern concept of intellectual property developed in England in the 17th and 18th centuries. The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in the majority of the world's legal systems."property as a common descriptor of the field probably traces to the foundation of the World Intellectual Property Organization (WIPO) by the United Nations." in Mark A. Lemley''Property, Intellectual Property, and Free Riding'', Texas Law Review, 2005, Vol. 83:1031, page 1033, footnote 4. The main purpose of intellectual property law is to encourage the creation of a wide variety of intellectual goo ...
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Intellectual Property Watch
''Intellectual Property Watch'' is a Geneva-based publication reporting on policy issues and influences relating to international organizations (IOs), especially those in Geneva such as the World Intellectual Property Organization, World Trade Organization, World Health Organization and International Telecommunication Union. It also follows policy developments outside Geneva, and does some investigative reporting. Besides almost daily articles and occasional special columns, a monthly reader is published about intellectual property and the policies that affect it. ''IP-Watch'' is an editorially independent news agency whose startup funding came from several sources, the MacArthur Foundation, the Rockefeller Foundation,Rockefeller Foundation websiteIP Watch Association Consulted on 11 March 2011. and the Open Society Institute.
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Jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jurisdiction draws its substance from international law, conflict of laws, constitutional law, and the powers of the executive and legislative branches of government to allocate resources to best serve the needs of society. International dimension Generally, international laws and treaties provide agreements which nations agree to be bound to. Such agreements are not always established or maintained. The exercise of extraterritorial jurisdiction by three principles outlined in the UN charter. These are equality of states, territorial sovereignty and non-intervention. This raises the question of when can many states prescribe or enforce jurisdiction. The ''Lotus'' case establishes two key rules to the prescription and enforcement of jurisdi ...
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Judicial Opinion
A judicial opinion is a form of legal opinion written by a judge or a judicial panel in the course of resolving a legal dispute, providing the decision reached to resolve the dispute, and usually indicating the facts which led to the dispute and an analysis of the law used to arrive at the decision. Drafting process An opinion may be released in several stages of completeness. First, a bench opinion may be handed down, with the judge or panel of judges indicating their decision and a rough explanation of the reasoning underlying it. A slip opinion may also be issued the day the decision is handed down, and is usually not typeset or fully formatted. It is not the final or most authoritative version, being subject to further revision before being replaced with a final published edition. The Supreme Court of the United States issues slip opinions with the following disclaimer: Types of judicial opinions A unanimous opinion is one in which all of the justices agree and offer one ...
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WIPO Judicial Institute
The WIPO Judicial Institute was established in 2019 to coordinate and lead WIPO’s work with national and regional judiciaries. This work includes convening international meetings between judges, implementing judicial capacity building activities, producing resources and publications for use by judges, and administering the WIPO Lex database that provides free public access to intellectual property (IP) laws, treaties and judicial decisions from around the world. WIPO has also established an Advisory Board of Judges, currently comprising 12 members who serve in their capacity. Judiciaries in the IP ecosystem National and regional courts are tasked with protecting and enforcing IP rights under the applicable national law. As expressed by Professor Reto M. Hilty, ''“without effective enforcement, intellectual property rights are nothing but empty shells''”. The World Trade Organization’s (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreeme ...
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Trade Secret
Trade secrets are a type of intellectual property that includes formulas, practices, processes, designs, instruments, patterns, or compilations of information that have inherent economic value because they are not generally known or readily ascertainable by others, and which the owner takes reasonable measures to keep secret. Intellectual property law gives the owner of a trade secret the right to restrict others from disclosing it. In some jurisdictions, such secrets are referred to as confidential information. Definition The precise language by which a trade secret is defined varies by jurisdiction, as do the particular types of information that are subject to trade secret protection. Three factors are common to all such definitions: A trade secret is information that * is not generally known to the public; * confers economic benefit on its holder the information is not publicly known; and * where the holder makes reasonable efforts to maintain its secrecy. In internation ...
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UPOV
The International Union for the Protection of New Varieties of Plants or UPOV (french: link=no, Union internationale pour la protection des obtentions végétales) is a treaty body (non-United Nations intergovernmental organization) with headquarters in Geneva, Switzerland. Its objective is to provide an effective system for plant variety protection. It does so by defining a blueprint regulation to be implemented by its members in national law. The expression UPOV Convention also refers to one of the three instruments that relate to the union, namely the ''1991 Act of the UPOV Convention'' (UPOV 91), ''1978 Act of the UPOV Convention'' (UPOV 78) and ''1961 Act of the UPOV Convention with Amendments of 1972'' (UPOV 61). History UPOV was established by the International Convention for the Protection of New Varieties of Plants (UPOV 61). The convention was adopted in Paris in 1961 and revised in 1972, 1978 and 1991. The initiative for the foundation of UPOV came from European bre ...
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Traditional Knowledge
Traditional knowledge (TK), indigenous knowledge (IK) and local knowledge generally refer to knowledge systems embedded in the cultural traditions of regional, indigenous, or local communities. According to the World Intellectual Property Organization (WIPO) and the United Nations (UN), traditional knowledge and traditional cultural expressions (TCE) are both types of indigenous knowledge. Traditional knowledge includes types of knowledge about traditional technologies of subsistence (e.g. tools and techniques for hunting or agriculture), midwifery, ethnobotany and ecological knowledge, traditional medicine, celestial navigation, craft skills, ethnoastronomy, climate, and others. These kinds of knowledge, crucial for subsistence and survival, are generally based on accumulations of empirical observation and on interaction with the environment. In many cases, traditional knowledge has been passed for generations from person to person, as an oral tradition. Some forms of tradi ...
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Geographical Indication
A geographical indication (GI) is a name or sign used on products which corresponds to a specific geographical location or origin (e.g., a town, region, or country). The use of a geographical indication, as an indication of the product's source, is intended as a certification that the product possesses certain qualities, is made according to traditional methods, or enjoys a good reputation due to its geographical origin. Article 22.1 of the TRIPS Agreement defines geographical indications as ''"...indications which identify a good as originating in the territory of a Member f the World Trade Organization or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin."'' ''Appellation d'origine contrôlée'' ('Appellation of origin') is a sub-type of geographical indication where quality, method, and reputation of a product originate from a strictly defined area specified in ...
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Industrial Design
Industrial design is a process of design applied to physical Product (business), products that are to be manufactured by mass production. It is the creative act of determining and defining a product's form and features, which takes place in advance of the manufacture or production of the product. It consists purely of repeated, often automated, replication, while craft-based design is a process or approach in which the form of the product is determined by the product's creator largely concurrent with the act of its production. All manufactured products are the result of a design process, but the nature of this process can vary. It can be conducted by an individual or a team, and such a team could include people with varied expertise (e.g. designers, engineers, business experts, etc.). It can emphasize intuitive creativity or calculated Evidence-based design, scientific decision-making, and often emphasizes a mix of both. It can be influenced by factors as varied as Raw material, ...
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Utility Model
A utility model is a patent-like intellectual property right to protect inventions. This type of right is available in many countries but, notably, not in the United States, United Kingdom or Canada. Although a utility model is similar to a patent, it is generally cheaper to obtain and maintain, has a shorter term (generally 6 to 15 years), shorter grant lag, and less stringent patentability requirements. In some countries, it is only available for inventions in certain fields of technology and/or only for products. Utility models can be described as second-class patents. While no international convention requires countries to protect utility models (unlike copyright, trade marks or patents) and they are not subject to the TRIPS agreement, they are subject to the Paris Convention for the Protection of Industrial Property, which means that countries that do protect utility models are required to comply with rules such as national treatment and priority. Utility models are also ava ...
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