Cross-border Intellectual Property Rights Background: Two of the origins of modern intellectual property right law can be seen

in the English Statute of Monopolies, enacted in the year 1624, and the o The Statute of Monopolies granted fourteen year monopolies to inventors for their creations English Statute of !nne, which was established in the year 1"1# o The Statute of !nne gave inventors the chance to apply for a fourteen year renewed protection, and gave authors the right to obtain a fourteen year copyright also The Statute of !nne is considered the first modern statute of copyright and the two statues served as the bases of !merican intellectual property right law 1,

$urrent intellectual property rights, rights to the creations and inventions of ones mind, can be split into two categories of% industrial property o &ndustrial property encompasses things li'e inventions, designs, and methods of production, and creative property o while creative property encompasses more of the protection of art and literature ( There are notably three efforts used to protect intellectual property rights% industrial rights are protected by trademar' and patents, o Trademar's protect the signs, symbols, phrases, and words that are used by companies and producers to mar'et, distinguish, and identify their products )rotection is generally indefinite as long as trademar's remain distinct o )atents are e*clusive monopolies given to the inventors of certain inventions, trade secrets, and designs to protect the right of such inventors to use, produce, and sell their own creations )atents attempt to foster the development of new creations and ideas, but are generally finite, and may last only twenty years in some cases while arts and literature are protected by copyright o +astly, copyrights aim to protect literary, musical, and artistic wor's from being utili,ed against an author-s wishes !gain, the conditions and terms for copyright vary by government, but copyrights generally last for the entire lifetime of an author and up to fifty years after their death &n the .nited States, copyrights generally last until seventy years after an author-s death 4, / &nternationally, there are three systems use to maintain and obtain international intellectual property rights

The )atent $ooperation Treaty 0)$T1 system is a system that ma'es it easier to file patents by essentially replacing the need to file individual patents to multiple nations of multiple 2urisdictions !pplicants file one patent and member states decide whether or not patent rights should be given in their 2urisdiction !nother system is the Madrid system, which, similarly, simplifies the process for applying for a trademar' by re3uiring only an international application to an office of a member state Thirdly, the 4ague system ma'es it possible for applicants to protect industrial designs in member countries by filing an application with the 5orld &ntellectual )roperty 6rgani,ation 6

&n 2##7, the growth of international intellectual property rights application slowed due to the declining world economy, with only 1 81 million patents, 66#,### industrial design and ( ( million trademar' applicants issued " 4owever, in 2#12, filings increased compared to the 2#11 year9 filings for utility models grew by (/:, filings for trademar's grew by 1( ( :, industrial design applications grew by 16:, and patent applications grew by " 7: This growth can also be seen with $hina-s patent office, the State &ntellectual )roperty 6ffice, surpassing the si,e of the .nited States )atent and Trademar' 6ffice, and becoming the office with the largest number of applications and filings received &n 2#1#, patents filed for renewable energies including geothermal, wind, and solar, increased by 7: and reached an estimated (/,### applications in total ;or the 2#11 year, 2 14 million patent applications, 4 2 million trademar' applications, and ""/,"## industrial design applications were filed internationally 7 <espite encouraging growth, international intellectual property rights still maintain world issues 1 Trademar's and copyrights continued to be violated at, what some say, the cost of innovation and 2obs 2 =ecently the .nited States officials have accused $hina of cyber attac's and for intellectual property theft, calling them responsible for two>thirds of what occurs in the .nited States 8 ( !dditionally, The .nited States <epartment of ?ustices has accused Megaupload com recently for piracy and copyright infringement, for illegally ma'ing @1"/ million, and for costing copyright owners more than @/## million 1# 4 &ntellectual property rights are still infringed upon in physical mar'ets as well as online in many Anotorious mar'etsB including The)irateCay, &so4unt, Dat ph, and torrent, eu 11 / Cesides these problems, others argue that intellectual property rights also hinder human development and health, by delaying global access to brea'through medicines, genetically modified substances or organisms, and cutting>edge technologies

6 )roblems also lie in the fact that the international systems for maintaining intellectual property rights do not include all nations and have room for improvement U Involvement: The Eeneral !ssembly has passed a resolution on the topic of intellectual property rights, !F=ESF6/F2(, titled A.G$&T=!+HSecurity =ights in &ntellectual )roperty B The resolution as's that nations receive and loo' over a supplement created by the .G$&T=!+ that advises nations on how to improve legislation on securing intellectual property rights 18 .G$&T=!+ is a .G commission responsible for commercial trade and law reform that helps create model legislature, advice, and recommendations to assist other nations in creating and an international and uniform trade law 2# <espite this, one of the principal ways in which the .nited Gations e*tended its involvement in the topic of international intellectual property rights occurred in 18"4, when the .nited Gations established an agreement with the 5orld &ntellectual )roperty 6rgani,ation 05&)61 The agreement established the 5&)6 as a speciali,ed agency under the .nited Gations to deal with intellectual property issues The 5&)6 began with the Cerne $onvention for )rotection of +iterary !rtistic 5or's, established in 1776 to help maintain protection of intellectual rights and receive compensation for use of creative wor's, which created a small organi,ation that eventually became the 5&)6 with 17/ members 5&)6 has done much to deal with international intellectual property rights, including the establishment of twenty>four treaties, three of which were with other organi,ations li'e the 5orld Trade 6rgani,ation 05T61 12 Treaties include the )atent $ooperation Treaty, the Madrid )rotocol, and the 4ague !greement which established the aforementioned )$T, Madrid, and 4ague systems for international property rights 6ther treaties include the Cudapest Treaty, a treaty created to facilitate the ease of creating international property rights to inventions regarding microorganisms and their use 1( The 5&)6 also created the 5&)6 !rbitration and Mediation $enter in 1884 to mediate international disputes among private parties and to settle cross>border disputes regarding intellectual property 14 5&)6 also commissions studies and develops pro2ects investigating the issues surrounding intellectual properties, how intellectual property is implemented, and how it effects economic and social development &) !dvantage is a database pro2ect by the 5&)6 that catalogs such studies on intellectual property 1/, 16 Cesides the 5&)6 of the . G , the .nited Gations Economic, Social, and $ultural 6rgani,ation 0.GES$61 has also addressed international property rights .GES$6 developed the .niversal $opyright $onvention in 18/2 which, along with the Cerne $onvention, made up the two principal and widely recogni,ed conventions protecting intellectual property The $onvention served as an e3ual but alternative agreement to the Cerne $onvention and provided a way for multilateral copyright protection 21 .GES$6 also established a $hair on $opyright and 6ther &ntellectual )roperty =ights in 1887 after developing an agreement with the Eriboyedov &nstitute of &nternational +aw and Economics to develop a .GES$6 <epartment on $opyright and 6ther &ntellectual )roperty =ights The $hair has established similar branches in nations li'e Moldova and Celarus The $hair and department wor' with other .GES$6 personnel and bodies to monitor copyright, patent law, industrial property, and other intellectual property law Today, a team of leading law e*perts ma'es up the .GES$6 <epartment

and does things such as committing research on intellectual property law and protection, publishing such research, holding conferences and seminars, developing educational programs, and educating students about international intellectual property issues 22, 2( The 5orld Trade 6rgani,ation 05T61 is an GE6 that has dealt with intellectual property rights on a global scale The 5T6-s prime purpose is to deal with international trade Most notably, the 5T6 established the !greement on Trade>=elated !spects of &ntellectual )roperty =ights 0T=&)S1 during the .ruguay =ound from 1876 to 1884 The agreement establishes basic legal protection including copyright, trademar's, patents, and industrial designs, re3uires fair treatment of foreigners, nationals, and trading partners, and establishes methods to settle property disputes 1" The 5T6 also established a cooperation agreement with the 5&)6 at Eeneva in <ecember 188/ to create a relationship to cooperate in the field of international intellectual property rights 17 !uestions to Consider: 1 Should the e*tent of patents on medical technologies be reduced, e*tended, or modified in order to provide better global access and developmentI &f so, how should it be doneI 2 <oes your nation support intellectual property rights in regards to genetic modification, i e to what e*tent should property rights be given to genetic modification developmentsI ( Should companies relin3uish or loosen their grasp on their own intellectual property in order to benefit the development of man'ind or third world countriesI 4 Should certain modifications be made to the protection of newly developed technologies in order to spur the development of man'indI 0i e ma'e them more accessible advances in technology can be made at a faster pace1 / Should intellectual property rights and protections be withheld if they are not being used or are being solely used to harm the progress of othersI 0e g Samsung v !pple1 6 5hat re3uirements should there be for granting intellectual property protection, and how long should they lastI

"orks Cited http%FFnationalparalegal eduFpublicJdocumentsFcoursewareJaspJfilesFpatentsF&ntro&)F4is tory asp http%FFplato stanford eduFentriesFintellectual>propertyFK4is&nt)ro http%FFwww wipo intFabout>ipFenF http%FFwww wto orgFenglishFtratopJeFtripsJeFintel1Je htm http%FFwww state govFeFebFtppFipeFwhatFinde* htm http%FFwww wipo intFpressroomFenFarticlesF2#1(FarticleJ###6 html http%FFwww un orgFappsFnewsFstory aspI Gews&<L(/82"M$rL5&)6M$r1K .Nv7<b5'r#c http%FFwww wipo intFpressroomFenFarticlesF2#12FarticleJ##2/ html http%FFwww nytimes comF2#1(F#/F22FworldFasiaFas>chinese>leaders>visit>nears>us>urged> to>allow>retaliation>for>cyberattac's htmlIpagewantedLallMJrL# http%FFwww 2ustice govFopaFprF2#12F?anuaryF12>crm>#"4 html http%FFwww ustr govFsitesFdefaultFfilesF121(12:2#Gotorious:2#Mar'ets:2#+ist pdf http%FFwww wipo intFabout>wipoFenFhistory html http%FFwww wipo intFtreatiesFenF http%FFwww wipo intFamcFenFinde* html http%FFwww wipo intFipadvantageFenF http%FFwww wipo intFabout>ipFenFstudiesF http%FFwww wto orgFenglishFthewtoJeFwhatisJeFtifJeFagrm"Je htm http%FFwww wto orgFenglishFtratopJeFtripsJeFwtowipJe htm http%FFwww un orgFgaFsearchFviewJdoc aspIsymbolL!F=ESF6/F2(

http%FFwww uncitral orgFuncitralFenFaboutJus html http%FFwww copyright govFflsFfl1## html http%FFwww hse ruFenForgFhseFunescoF http%FFwww hse ruFenForgFhseFunescoFabout