DSpace at VNU: Protecting intellectual property rights according to trips

VNU JOURNAL OF SCIENCE, ECONOMICS-LAW, IM01E 2004 PROTECTING INTELLECTUAL PROPERTY RIGHTS ACCORDING TO TRIPS N gu yen Ba D ien (*‘ TRIPS - An O verview Along The rig ht to intellectual property during of ow nership rights of h u m a n beings - the The rig ht consist two decade, protecting re m a rk a b le achievements a tte m p ts at system of building an internation al regulations property to rights protect Some of approved of, including Rome Convention Intellectual of last in te rn a tio n a l im p o rta n t conventions were beings recognized profits resu lted in by rig h ts of intellectual of science an d technology an d u n til h u m a n property scientific- WIPO and its precursors m ade nu m ero us emerged and become law u n til revolutions inventions the num ber to intellectual property ow nership is a special type of ow nership righ t b u t has not intellectual rapid intellectual property rig h ts has gained a right to m a terial property an d the rig h t to property th e technological developm ents in the world ow nership has become one of the two types intellectual with (1961), main P aris Convention (1967), Stockholm Convention (1967, revised in categories: in d u stria l rig h ts and a u th o r 1979), Berne Convention (1971), etc rights According to the in tern atio n al private laws, intellectual property rights Together w ith th e world developments are deemed to consist of foreign elements of commerce and economy, WTO was held Intellectual property rig h ts are thoroughly as a legal in stitu tio n to regulate global territorial D espite th e ir different origins, commercial-economic relationships It has languages, histories an d so on, products of intellectual inventions sh are certain increasingly developed its roles and effects basing on its p re c u rso rs’ regulations of the common characteristics then' immaterialness last 50 years (a genera] ag re em e n t on and th e ir capability of wide popularization ta riff an d tra d in g - GATT) It operates on Therefore, it is n ecessary to a d ju st and apply protective righ ts on four m ain principles: intellectual tre a tm e n t property ow nership in order to protect the of the in tellectual property effectively, as well as to establish and perfect the intellectual m echanism inventions for of most-favoured nation, competition W ith A greem ents, WTO, nation 25 and fair m ultilateral an ‘intern atio nal playg ro un d’ of m odern rules, profoundly exploiting th e markets, tre a tm e n t of favoured a u th o rs and to p re v e n t violence to the ow nership of opening highest social profits regu lates exchanges services, in v e stm e n ts property rights n Assoc.Prof.D r., Faculty of Law, Vietnam National University, Hanoi 17 of products and and intellectual N guyen Ba Dien _ _ ÌỊig th e existence of GATT, the u a t tê of products and services on of intellectual p roperty rig h ts increasingly reflect factors of technologies t a s e p a te issue to be ad ju sted in and ,tional a g re e m e n ts a n d conventions exchanges of products and services include ,rcot€t aa cU - V alues iS laid out of th e scope of GATT, •n l ° , an d th e 1980s, most he late 1970s 19" >inv‘ , f ialized cou n tries have been trying nad’1 ate in te rn a tio n a l conventions on If O) J tual property rights These nit*e t? failed due to a fierce protest from itttnl c ; I )i]ig countries w here a view was j-eld th e n th a t th e developed oeeB Qậ a tte m p ts to protect intellectual zco\ ti y righ ts actually w ere to m aintain pi?r'e ]cm in a tin g roles Not un til 1984 tW tie USA declared to add the wvln n instructions for wine, and strong al>hhc drinks, and know-how B asic P r in cip les o f TR IPS T rad in g m a tte rs in WTO defined in T rading regu lation s are based TRIPS aim to help enh an ce innovating, principles of WTO, expressing the] tra n sfe rrin g th rou gh technologies, owners of and and popularizing bring intellectual profits to property, the bring two categories in stitutionalised in te rn a tio n a l all a re a s tra d in g system , and invisible about social a n d economic profits, and both create th e balance betw een in te re sts and activities responsibilities are dealt w ith u n d e r TRIPS consists of th e following Second, th e - The basic principles and general responsibilities TR IPS is im p o rtan t a g re em e n ts thhi n lu ram ị relativ, ■ raipp* genera] J,r ^CỊeec of pr*ft e iaa one of h osst w ithin th( ’P 06 WTO; therefore its principles areb validity of protection and supervision, and protecting m e asu re s a g ain st com petitions in contracts - The m e asu re m e n ts of tra d in g limits E n s u rin g im plem entatio ns of rem a rk a b le principles re s u lts of TC( those of WTO Besides, T R IP S h*s - The criteria of m in im u m protection, iSvee tra d in g restrictio ns exceptions contents: of and visible First Mtkh by GATT apphin to seODn iaecd }r( hoe e