Monday, August 30.

2010
Accept Electronic Checks - E-Check Your Way to Another Form of Payment All business owners should incessantly strive to improve cash flow, reduce the time it takes to receive customer payment, and ensure customer convenience by adding as many payment options as possible. Did you know that when you accept electronic checks, such goals may be attained. The paper check is still alive and well in our economy and many customers prefer to use it as a means of currency. But alas, many businesses are besieged with the standard customer declaration that the "check is in the mail" yet, on too many occasions, never receive their entitled funds. Processing or accepting electronic checks ensures the customer's intention of paying for the product or service, and begins the process of moving money from the customer's account into your account.

While there are always security risks associated with transferring funds, it appears that online echeck processing does not engender any more risk than accepting credit cards in cyberspace. Certain information about the customer is required, as well as the bank routing number and account number, but such info is encrypted, using the latest 128-bit Secure Socket Layer (SSL) technology for secure Internet Protocol (IP) transactions. Indeed, while I'm aware of a number of credit card data breach incidents, I don't recall one where hackers gained access to customers' bank accounts on a massive scale as a result of an e-check payment service. Indeed, the Automated Clearing House (ACH) network that facilitates e-check funds transfer is one of the most secure transmission mediums in the world.

Moreover, there are potential customers who may not have credit cards or are even maxed out on their cards. If you accept electronic checks, these customers may then have the means of purchasing your goods. You do not want to lose potential sales because your cannot accommodate your customers' payment options or preferences.

Accepting e-checks is also relatively fast -- and certainly much faster than waiting for the delayed check in the mail. It takes about 3-5 business days to receive funds from an electronic check transfer. You may opt to delay shipping, however, until you know that the funds clear (knowledge that may typically be gained within the first 48 hours after batching).

Many business folks decide to simultaneously accept electronic checks and credit cards to cover all bases. As an added bonus, you can perform recurring or automated billing with either or both options.

Aware of the advantages of online electronic check acceptance. please note that setting up a system to process or accept electronic checks is rather straightforward and intuitive. Once you application is accepted by a payment processor, you will be entitled to an online gateway and a virtual terminal. Your online gateway may be connected to your site's order page or shopping cart so that your customers can go online and input their own payment information. The virtual terminal enables you or a member of your staff to input the customer's payment info when you receive it by phone, fax, email, or mail. The virtual terminal is a simple Internet-net based interface that contains self-explanatory fields that you fill out on behalf of the customer (such as routing number, account number, etc.).

The primary concern associated with e-check acceptance revolves around the possibility that the customer does not have ample funds in his/her account to cover the cost. Here, it's worthwhile investigating verification services (e.g., finding out whether the customer has positive funds in his/her account or whether the customer is listed on a negative database of bad check writers). There's nothing foolproof to ensure the successful transfer of funds (save for a check guarantee program that's often costly or difficult to find. However, employing verification tools should help to weed out most of the problematic transactions.

All in all, when looking at the advantages and disadvantages, it is advisable for merchants to at least explore accepting electronic checks. Many may determine that, indeed, it is best to accept electronic checks. ccepting Electronic Checks On Your Website Electronic Payment Services can help you take electronic checks on your website. More than ever customers want payment options and electronic checks is one option that they want. We say that if a customer wants to pay you, let them. By taking electronic checks you are not only accommodating your customer you are also saving time and money over either credit cards or regular checks.

Electronic Check Payment Processing Software We can show you how to easily integrate electronic check payments onto your existing website or shopping cart. Electronic checks offer the 90% of the buying public one of their favorite

payment options. Electronic check payment processing software on your website lets customers choose their method of payment and by simply adding this option we have seen customers increase their revenues by 50%.

No more "the checks in the mail" excuse with electronic checks When you take regular checks you have to wait for the check to arrive, process it at your office, take it to the bank to deposit it and wait for it to clear before the funds are yours. Compare this with an electronic check whereby the customer completes the information onyour website, the software automatically debits their account and electronically deposits the funds into your account. There really is no comparison - electronic checks are faster, require less employee time and handling and they are the future of payment processing.

How electronic check payment processing software works?

Our secure electronic check payment processing software is put on your website at the checkout phase. After your customer completes the information it is sent to our secure server and the customer's account is debited and the funds are deposited into your company bank account.

24/7 electronic check payment processing software tracking and reporting

Electronic check payment processing software allows you to track all electronic check transactions from start to finish. Our web based electronic check payment processing software is state of the art, easy to use, secure and allows you to see all electronic check transactions from the time someone completes the electronic check to when the funds are deposited into your account.

Benefits Of Taking Electronic Checks:

Electronic checks let you close the sale NOW! When someone wants to pay you - why no let them? By not offering electronic checks you are turning away 50% of the public which does not have a working

credit card. Save on credit card processing fees with electronic checks Electronic checks can save you up to 75% over credit cards. Electronic checks improve cash flow and eliminate "the checks in the mail" Electronic checks are deposited directly into your bank account. Compare this to the time it takes to receive a regular check, deposit it, and then wait for the check to clear. Electronic checks can dramatically increase the efficiency of your payment processing operation.

Electronic Check Conversion

The next time you write a check to your local merchant, the cashier may hand it back to you after the payment has been processed electronically. Or maybe youre mailing a check as payment to a company. That payment, too, may be processed electronically. Why? More merchants and companies are using electronic check conversion, which converts information from your paper check into an electronic payment from your bank account. In fact, NACHA the Electronic Payments Association estimates that more than 1.7 billion paper checks were converted through in-store and mail-in transactions in 2005.

How does electronic check conversion work?

When you give your check to a store cashier, the check is run through an electronic system that captures your bank account information and the amount of the check. Youre asked to sign a receipt and you get a copy for your records. When your check information has been processed and your check has been handed back to you, it should be voided or marked by the merchant so that it cant be used again. The merchant electronically sends information from the check (but not the check itself) to your bank or other financial institution, and the funds are transferred into the merchants account. Electronic check conversion also may be used for checks you mail to pay for a purchase or to pay on an account. The merchant or company receiving your check electronically sends information from your check (but not the check itself) through the system, and the funds are transferred into their account.

Intellectual Property Rights

Home - Intellectual Property Rights

Copyright Patent Trademark

Trade Secrets Utility Model Geographical Indication

Industrial Design Rights

A legal concept conferring rights to the creators and owners of intellectual and creative works, Intellectual Property Rights are granted for literature, invention, music, etc. as business practices. In case of any misappropriation or use of the owners work by someone else without his/her former knowledge, the owner is offered with exclusionary rights. Moreover, equilibrium is maintained by granting rights for a specific time period. The intellectual Property Rights, on the international level, is governed by WIPO (World Intellectual Property Organization). WIPO convention has laid down the list of the following activities that are safeguarded by intellectual property rights:
y y y y y y y y y

Industrial designs Scientific discoveries Unfair competition and protection against it Literary, scientific and artistic works Inventions in fields pertaining to human endeavor Performances of performing artists, Phonograms and broadcasts Trademarks, commercial names, designations and service marks Intellectual activity in scientific, industrial, artistic and literary fields.

Categorizations of Intellectual Property Rights:

1. 2. 3. 4. 5. 6. 7.

Copyright Patent Trademark Trade Secrets Utility Model Geographical Indications Industrial Design Rights

Advantages: Intellectual Property Rights enable the inventors and the creators to share their works and information rather than keeping it confidential. Besides providing legal protection, these rights offer them incentives for their piece of work. At the same time, rights under this act grant socio-economic development. Indian Scenario: The protection of the Intellectual Property Rights is established under an administrative, statutory and judicial framework. The Indian Government had issued legislative norms to protect the rights in compliance to India s obligations and worldwide practices. These comprise of: 1. The Patents Amendment Act passed in 1999 facilitates the establishment of mail box system so that patents and accords can be filed for 5 years with exclusive marketing rights. 2. The Trade Marks Bill passed in 1999 to take over the 1958 Trade & Merchandise Marks Act. 3. Copyright (Amendment) Act passed by the upper and the lower houses of the Parliament of India that was signed by the President of India on 30th December of 1999. 4. Sui Generis legislation approved by the upper as well as the lower house of the Parliament and was later named as Geographical Indications of Goods Bill. 5. The upper house of the Parliament of India that it replaced the 1911 Designs Act. 6. Re-introduction of the Patents Bill in the upper house to amend the 1970 Patents Act so that it complies with TRIPS.

Several streamlining and bolstering measures have been introduced for the administration of the intellectual property. Projects for the modernization of services of trademark registry as well as patent information undertaken by the United Nations Development Programme or WIPO are also a boost to meet similar ends.

Intellectual property is an intangible creation of the human mind, usually expressed or translated into a tangible form, that is assigned certain rights of property. Examples of intellectual property include an author's copyright on a book or article, a distinctive logo design representing a soft drink company and its products, unique design elements of a web site, or a patent on the process to manufacture chewing gum. Intellectual property law covers the protection of copyrights, patents, trademarks, and trade secrets, as well as other legal areas, such as unfair competition. In effect, intellectual property laws give the creator of a new and unique product or idea a

temporary monopoly on its use. The value of intellectual property to an individual or company is not based on physical properties, such as size and structure. Instead, intellectual property is valuable because it represents ownership and an exclusive right to use, manufacture, reproduce, or promote a unique creation or idea. In this way, it is perhaps the most valuable asset a person or small business can own.

DEVELOPMENT OF INTELLECTUAL PROPERTY LAWS

The laws protecting intellectual property in the United States exist at both the state and federal levels. State laws cover a broad spectrum of intellectual property fields, from trade secrets to the right of publicity. The laws differ somewhat from state to state. At the federal level, the Constitution and legislation authorized under the Constitution deal exclusively with patents and copyrights, and partially with trademarks and related areas of unfair competition. Intellectual property protection first became an important issue at an international level during trade and tariff negotiations in the nineteenth century, and has remained so ever since. One of the first international treaties relating to intellectual property in the broadest sense was the International Convention for the Protection of Industrial Property, or the Paris Convention. Written in 1883, the treaty created under the Paris Convention provided protection for such properties as patents, industrial models and designs, trademarks, and trade names. Over 100 countries have signed the Paris Convention treaty, and it has been modified several times. Two of the most important provisions of the treaty relate to the rights of national treatment and priority. The right of national treatment ensures that those individuals seeking a patent or trademark in a foreign country will not be discriminated against and will receive the same rights as a citizen of that country. The right of priority provides an inventor one year from the date of filing a patent application in his or her home country (six months for a trademark or design application) to file an application in a foreign country. The legal, effective date of application in the foreign country is then retroactively the legal, effective filing date in the home country, provided the application is made within the protection period. If the invention is made public prior to filing the home country application, however, the right of priority in a foreign country is no longer applicable. Enforcement and protection of intellectual property at the international level has historically been extremely complex. Laws have varied significantly from country to country, and the political climate within each country has influenced the extent of protection available. Separate legislation and treaties specifically addressed relevant procedures, conventions, and standards for each area within the scope of intellectual property, such as copyright or trade secrets. Many U.S. and international laws relating to intellectual property were significantly altered with the 1994 passage of the General Agreement on Tariffs and Trade (GATT). In fact, the member nations that signed the GATT committed themselves to a higher degree of intellectual property protection than had been provided under any earlier multinational treaties. Under the guidance of the World Trade Organization (WTO), all member nations were required to adopt specific provisions for the enforcement of rights and settlement of disputes relating to intellectual

property. Under these provisions, trademark counterfeiting and commercial copyright piracy are subject to criminal penalties. Today, the strong protections of intellectual property are recognized as one of the cornerstones of the formation and growth of small businesses in the United States, especially since the advent of the Internet and other new technologies have placed a premium on new ideas and innovations. Intellectual property allows individuals who come up with a new idea to enjoy the exclusive use of that idea for a certain period of time, which can be a significant monetary incentive for entrepreneurs. But intellectual property law is extraordinarily complex, so small business owners interested in IP issues should consult a legal expert in order to protect themselves to the full extent of the law. "The law on intellectual property is everywhere both comparatively new and in flux, " observed The Economist (US). It is also important for would-be entrepreneurs to be aware of the legal rights of others as they prepare to engage in business activities. After all, few small companies can withstand the rigors of defending themselves from patent infringement lawsuits (especially if the charge is legitimate).

Intellectual property is a property right that can be protected under federal and state law, including copyrightable works, ideas, discoveries, and inventions. The term intellectual property relates to intangible property such as patents, trademarks, copyrights, and tradesecrets. Thus, in today's legal marketplace most registered patent attorneys hold themselves out as intellectual property law attorneys, as opposed to merely a patent attorney. A patent is the right to exclude others from making, using or selling the invention throughout the United States of America. In short, others may not make, use or sell the patented invention without the authorization of the patent owner. A patent then, is a limited monopoly granted by the government for the term period of the patent. After the patent expires, anyone may make, use or sell the invention. The issuance of patents, trademarks, and copyrights is governed at the federal level by the standards and regulations of the U.S. Patent and Trademark Office.

Today, the strong protections of intellectual property are recognized as one of the cornerstones of the formation and growth of small businesses in the United States, especially since the advent of the Internet and other new technologies have placed a premium on new ideas and innovations. Intellectual property allows individuals who come up with a new idea to enjoy the exclusive use of that idea for a certain period of time, which can be a significant monetary incentive for entrepreneurs. But intellectual property law is extraordinarily complex, so small business owners interested in IP issues should consult a legal expert in order to protect themselves to the full extent of the law. "The law on intellectual property is everywhere both comparatively new and in flux," observed The Economist (US). The rapid and worldwide spread of access to the Internet as well as the ease with which electronic data may be copied and manipulated pose new challenges to the ex Paris Convention for the Protection of Industrial Property
Signed in 1883 and amended various times, the Paris Convention introduced a number of important provisions including national treatment and priority. The intellectual property systems of any contracting state are accessible to nationals of other states party to the convention, allowing the same degree of protection and the same legal remedies against infringement. The right of priority provides an applicant from one contracting state the right to use the filing date of a first application (in one contracting state) as the effective filing date in another contracting state providing the other application(s) is filed within a certain time of the original application (6 months for trade marks and designs, 12 months for patents). isting network of IP regulations. Laws surrounding IP rights will likely see many changes in the coming years as we adjust them to the new demands created by the information age.

The Paris Convention for the Protection of Industrial Property, signed in Paris, France, on March 20, 1883, was one of the first intellectual property treaties. As a result of this treaty, intellectual property, including patents, of any contracting state are accessible to the nationals of other states party to the Convention.[clarification needed] The "Convention priority right", also called "Paris Convention priority right" or "Union priority right", was also established by this treaty. It provides that an applicant from one contracting State shall be able to use its first filing date (in one of the contracting State) as the effective filing date in another contracting State, provided that the applicant files another application within 6 months

(for industrial designs and trademarks) or 12 months (for patents and utility models) from the first filing.

The Convention now has 173 contracting member countries,[1] which makes it one of the most widely adopted treaties worldwide. Notably, Taiwan and Kuwait are not parties to the Convention. However, according to Article 27 of its Patent Act, Taiwan recognizes priority claims from contracting members. The Paris Convention entered into force in Thailand on August 2, 2008, bringing the total number of Nation States party to the Convention to 173.[2]

The Berne Convention, formally known as the International Convention for the Protection of Literary and Artistic Works, is an international copyright agreement signed in Berne, Switzerland, in 1886. Since then, the agreement has been updated and revised numerous times and has responded to technological advances. The convention was revised in Paris in 1896, Berlin in 1908, Rome in 1928, Brussels in 1948, Stockholm in 1967, and Paris in 1971. By 1997, 121 countries, including the United States, had signed the accord. Automatic copyright protection is the central feature of the Berne accord. If a country is a signatory to the Berne Convention that country must extend to citizens of other member countries the same copyright protection and restrictions it extends to its own citizens. If, however, the person responsible for the intellectual content of a work is not a citizen of a member country and his or her work is published or used commercially in a Berne Convention member country, that person's work is protected only to the extent covered by the copyright laws in its country of origin. The Berne Convention is the wellspring of most other national and international copyright regulations. European movements for international copyright protection were well underway by the mid-1800s. These regional movements and other cooperative agreements between publishers, authors, and national governments solidified the need for an international copyright agreement and led to the 1886 convention. The original signers were Belgium, France, Germany, Great Britain, Haiti, Italy, Spain, Switzerland, and Tunisia. Beme rules were also extended to the colonial holdings of signatory nations. The Berne Convention brought together two views of copyright law. The nations of continental Europe generally held that the interests of the author were preeminent. In the United States and Great Britain, however, it was generally felt that to a great extent public interest superseded the author's claim to the work, especially works of foreign authors. The treatment of both foreign and national authors within each member country was equalized by the Berne Convention. Thus the accord managed to stay true to its preamble which states in part "to protect, in as effective and uniform a manner as possible, the rights of authors in their literary and artistic works." Rapidly advancing technology during the early 20th century produced new formats for literary and artistic expression. Technical innovationssuch as sound recordings, photography, and cinematic developmentspresented new challenges to the then existing body of copyright law. Technical advances in communication were complemented by the pervasiveness of a burgeoning

worldwide mass media. To meet these changes and challenges, the Berne Convention underwent revisions in Berlin in 1908 and Rome in 1928. Under the Berlin Act of 1908 copyright protection was extended to photography, sound recordings, and cinematography. Literary works produced as sound recordings were covered, and protection was extended to cinematographers and those authors whose original works were brought to the movie screen. The concept of authorized or assigned usage of a work, particularly of sound recordings, also emerged as a result of the Berlin revisions. The Rome Act of 1928 addressed the moral rights of the author and broadcaster's access to works of literature, music, and sound recordings. Moral rights cover the right of an author to object to changes in his or her work after the copyright has been transferred, especially if the changes are deemed denigrating to the work or reputation of the author. The Rome Act specified that the moral right or moral claim would extend throughout the life of the author. The Rome Act also dealt with radio broadcasting and broadcaster's rights. Radio broadcasting was becoming widespread throughout Europe. Some countries, especially those on the continent, gave clear copyright protection regardless of the means of production. In other countries, most notably Great Britain, copyright law as it related to broadcasting was muddled at best. At the Rome meeting some countries wanted copyright restrictions on works transmitted over the airwaves. Other countries viewed radio primarily as an educational tool that should not have copyright infringements or other legal restrictions placed on it. The delegates compromised by allowing the author the right to control his or her work through authorization procedures but also granted the legislative bodies of the Berne Convention signatories power to "regulate the conditions for the exercise of the right." The Berne Convention also underwent revisions in 1948, 1967, and 1971. The Brussels Act of 1948 covered enforcement of regulations within member countries. The Stockholm Acts of 1967 and 1971 addressed technological innovations and copyright law as it affected developing countries. In 1997 delegates of 160 countries attended the World Intellectual Property Organization (WIPO) convention in Geneva, Switzerland, and adopted two treaties relating to international copyright. These treaties dealt with digital media and the Internet and revised the Berne Convention for the first time in more than 20 years. Protection for films, music, software, and television was updated especially as these media formats relate to Internet distribution. Although the treaties were supported by the Association of American Publishers, the legislation was opposed by the Digital Future Coalition, a group of 38 library groups, computer trade associations, nonprofit consumer groups, and educational organizations. Until 1988 the United States was not a signatory to the Berne Convention. Instead the United States had its own internal copyright legislation and was a signatory to the Universal Copyright Convention of 1952 which was sponsored by the United Nations Educational, Scientific, and Cultural Organization (UNESCO). The Universal Copyright Convention was less stringent than the Berne Convention on copyright protection, did not prescribe minimum levels of protection for works produced outside of member nations, and allowed tighter internal controls over

copyright applications. The United States also had technical differences with Berne Convention regulations concerning notice, registration, and the legal relationship between domestic manufacturers and copyright protection. In 1976 the United States revised and updated its 1909 copyright legislation with the Copyright Act of 1976, but by 1988 began considering Berne membership. The reasons for this move were largely political. The United States wanted to strengthen copyright relations with the 24 nations that belonged to the Berne Convention but had no reciprocal copyright agreements with the United States. Joining the Berne Convention promised to strengthen U.S. trade relations and further normalize and legitimize global copyright law. On October 20, 1988, the U.S. Senate ratified the Berne Convention Implementation Act, making the United States the 77th signatory. The Berne accord is administered by the World Intellectual Property Organization. This organization was founded in 1967 in Stockholm and works closely with the United Nations. WIPO responsibilities encompass worldwide copyright protection of intellectual property including industrial property (e.g., inventions, trademarks, industrial designs) and copyright property (e.g., literature, music, film, photographs).

The TRIPS Agreement, which came into effect on 1 January 1995, is to date the most comprehensive multilateral agreement on intellectual property.

CONTENTS: > General provisions > Standards of protection > Copyright > Related rights > Trademarks > Geographical indications > Industrial designs > Patents > Integrated circuits > Undisclosed information > Anti-competitive licences > Enforcement > General obligations > Procedures and remedies > Provisional measures > Border measures > Criminal procedures > Other provisions > Acquiring and maintaining rights > Transitional arrangements > Protecting existing matter

The areas of intellectual property that it covers are: copyright and related rights (i.e. the rights of performers, producers of sound recordings and broadcasting organizations); trademarks including service marks; geographical indications including appellations of origin; industrial designs; patents including the protection of new varieties of plants; the layout-designs of integrated circuits; and undisclosed information including trade secrets and test data. The three main features of the Agreement are: y Standards. In respect of each of the main areas of intellectual property covered by the TRIPS Agreement, the Agreement sets out the minimum standards of protection to be provided by each Member. Each of the main elements of protection is defined, namely the subject-matter to be protected, the rights to be conferred and permissible exceptions to those rights, and the minimum duration of protection. The Agreement sets these standards by requiring, first, that the substantive obligations of the main conventions of the WIPO, the Paris Convention for the Protection of Industrial Property (Paris Convention) and the Berne Convention for the Protection of Literary and Artistic Works (Berne Convention) in their most recent versions, must be complied with. With the exception of the provisions of the Berne

Convention on moral rights, all the main substantive provisions of these conventions are incorporated by reference and thus become obligations under the TRIPS Agreement between TRIPS Member countries. The relevant provisions are to be found in Articles 2.1 and 9.1 of the TRIPS Agreement, which relate, respectively, to the Paris Convention and to the Berne Convention. Secondly, the TRIPS Agreement adds a substantial number of additional obligations on matters where the preexisting conventions are silent or were seen as being inadequate. The TRIPS Agreement is thus sometimes referred to as a Berne and Paris-plus agreement. y Enforcement. The second main set of provisions deals with domestic procedures and remedies for the enforcement of intellectual property rights. The Agreement lays down certain general principles applicable to all IPR enforcement procedures. In addition, it contains provisions on civil and administrative procedures and remedies, provisional measures, special requirements related to border measures and criminal procedures, which specify, in a certain amount of detail, the procedures and remedies that must be available so that right holders can effectively enforce their rights. Dispute settlement. The Agreement makes disputes between WTO Members about the respect of the TRIPS obligations subject to the WTO's dispute settlement procedures.

In addition the Agreement provides for certain basic principles, such as national and most-favoured-nation treatment, and some general rules to ensure that procedural difficulties in acquiring or maintaining IPRs do not nullify the substantive benefits that should flow from the Agreement. The obligations under the Agreement will apply equally to all Member countries, but developing countries will have a longer period to phase them in. Special transition arrangements operate in the situation where a developing country does not presently provide product patent protection in the area of pharmaceuticals. The TRIPS Agreement is a minimum standards agreement, which allows Members to provide more extensive protection of intellectual property if they so wish. Members are left free to determine the appropriate method of implementing the provisions of the Agreement within their own legal system and practice.

Substantive standards of protection

Copyright
Back to top

Back to top

During the Uruguay Round negotiations, it was recognized that the Berne Convention already, for the most part, provided adequate basic standards of copyright protection. Thus it was agreed that the point of departure should be the existing level of protection under the latest Act, the Paris Act of 1971,

of that Convention. The point of departure is expressed in Article 9.1 under which Members are obliged to comply with the substantive provisions of the Paris Act of 1971 of the Berne Convention, i.e. Articles 1 through 21 of the Berne Convention (1971) and the Appendix thereto. However, Members do not have rights or obligations under the TRIPS Agreement in respect of the rights conferred under Article 6bis of that Convention, i.e. the moral rights (the right to claim authorship and to object to any derogatory action in relation to a work, which would be prejudicial to the author's honour or reputation), or of the rights derived therefrom. The provisions of the Berne Convention referred to deal with questions such as subject-matter to be protected, minimum term of protection, and rights to be conferred and permissible limitations to those rights. The Appendix allows developing countries, under certain conditions, to make some limitations to the right of translation and the right of reproduction. Related rights
Back to top

The provisions on protection of performers, producers of phonograms and broadcasting organizations are included in Article 14. According to Article 14.1, performers shall have the possibility of preventing the unauthorized fixation of their performance on a phonogram (e.g. the recording of a live musical performance). The fixation right covers only aural, not audiovisual fixations. Performers must also be in position to prevent the reproduction of such fixations. They shall also have the possibility of preventing the unauthorized broadcasting by wireless means and the communication to the public of their live performance. Trademarks
Back to top

The basic rule contained in Article 15 is that any sign, or any combination of signs, capable of distinguishing the goods and services of one undertaking from those of other undertakings, must be eligible for registration as a trademark, provided that it is visually perceptible. Such signs, in particular words including personal names, letters, numerals, figurative elements and combinations of colours as well as any combination of such signs, must be eligible for registration as trademarks. The TRIPS Agreement contains certain provisions on well-known marks, which supplement the protection required by Article 6bis of the Paris Convention, as incorporated by reference into the TRIPS Agreement, which obliges Members to refuse or to cancel the registration, and to prohibit the use of a mark conflicting with a mark which is well known. First, the provisions of that Article must be applied also to services. Second, it is required that knowledge in the relevant sector of the public acquired not only as a result of the use of the mark but also by other means, including as a result of its promotion, be taken into account. Furthermore, the protection of registered well-known marks must extend to goods or services which are not similar to those in respect of which the trademark has been registered, provided that its use would indicate a connection between those goods or services and the owner of the registered trademark, and the interests of the owner are likely to be damaged by such use (Articles 16.2 and 3). Geographical indications
Back to top

Geographical indications are defined, for the purposes of the Agreement, as indications which identify a good as originating in the territory of a Member, 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 (Article 22.1). Thus, this definition specifies that the quality, reputation or other characteristics of a good can each be a sufficient basis for eligibility as a geographical indication, where they are essentially attributable to the geographical origin of the good. In respect of all geographical indications, interested parties must have legal means to prevent use of indications which mislead the public as to the geographical origin of the good, and use which

constitutes an act of unfair competition within the meaning of Article 10bis of the Paris Convention (Article 22.2). Industrial designs
Back to top

Article 25.1 of the TRIPS Agreement obliges Members to provide for the protection of independently created industrial designs that are new or original. Members may provide that designs are not new or original if they do not significantly differ from known designs or combinations of known design features. Members may provide that such protection shall not extend to designs dictated essentially by technical or functional considerations. Article 25.2 contains a special provision aimed at taking into account the short life cycle and sheer number of new designs in the textile sector: requirements for securing protection of such designs, in particular in regard to any cost, examination or publication, must not unreasonably impair the opportunity to seek and obtain such protection. Members are free to meet this obligation through industrial design law or through copyright law. Patents
Back to top

The TRIPS Agreement requires Member countries to make patents available for any inventions, whether products or processes, in all fields of technology without discrimination, subject to the normal tests of novelty, inventiveness and industrial applicability. It is also required that patents be available and patent rights enjoyable without discrimination as to the place of invention and whether products are imported or locally produced (Article 27.1). There are three permissible exceptions to the basic rule on patentability. One is for inventions contrary to ordre public or morality; this explicitly includes inventions dangerous to human, animal or plant life or health or seriously prejudicial to the environment. The use of this exception is subject to the condition that the commercial exploitation of the invention must also be prevented and this prevention must be necessary for the protection of ordre public or morality (Article 27.2). Layout-designs of integrated circuits
Back to top

Article 35 of the TRIPS Agreement requires Member countries to protect the layout-designs of integrated circuits in accordance with the provisions of the IPIC Treaty (the Treaty on Intellectual Property in Respect of Integrated Circuits), negotiated under the auspices of WIPO in 1989. These provisions deal with, inter alia, the definitions of integrated circuit and layout-design (topography), requirements for protection, exclusive rights, and limitations, as well as exploitation, registration and disclosure. An integrated circuit means a product, in its final form or an intermediate form, in which the elements, at least one of which is an active element, and some or all of the interconnections are integrally formed in and/or on a piece of material and which is intended to perform an electronic function. A layout-design (topography) is defined as the three-dimensional disposition, however expressed, of the elements, at least one of which is an active element, and of some or all of the interconnections of an integrated circuit, or such a three-dimensional disposition prepared for an integrated circuit intended for manufacture. The obligation to protect layout-designs applies to such layout-designs that are original in the sense that they are the result of their creators' own intellectual effort and are not commonplace among creators of layout-designs and manufacturers of integrated circuits at the time of their creation. The exclusive rights include the right of reproduction and the right of importation, sale and other distribution for commercial purposes. Certain limitations to these rights are provided for.