In international law, the Berne three-step test is a clause that is included in several international treaties on intellectual property. Signatories of those treaties agree to standardize possible limitations and exceptions to exclusive rights under their respective national copyright laws.
The Office of the United States Trade Representative (USTR) is an agency of the United States federal government responsible for developing and promoting American trade policy. Part of the Executive Office of the President, it is headed by the U.S. Trade Representative, a Cabinet-level position that serves as the U.S. President's primary advisor, negotiator, and spokesperson on trade matters. USTR has more than two hundred employees, with offices in Geneva, Switzerland, and Brussels, Belgium.
The Uruguay Round was the 8th round of multilateral trade negotiations (MTN) conducted within the framework of the General Agreement on Tariffs and Trade (GATT), spanning from 1986 to 1993 and embracing 123 countries as "contracting parties". The Round led to the creation of the World Trade Organization, with GATT remaining as an integral part of the WTO agreements. The broad mandate of the Round had been to extend GATT trade rules to areas previously exempted as too difficult to liberalize and increasingly important new areas previously not included. The Round came into effect in 1995 with deadlines ending in 2000 under the administrative direction of the newly created World Trade Organization (WTO).
The Caribbean Basin Trade Partnership Act (CBTPA) is a law adopted by the U.S. Government in October 2000 to delineate enhanced trade preferences and eligibility requirements for the 24 beneficiary countries of the Caribbean Basin region.
In patent law, industrial design law, and trademark law, a priority right or right of priority is a time-limited right, triggered by the first filing of an application for a patent, an industrial design or a trademark respectively. The priority right allows the claimant to file a subsequent application in another country for the same invention, design, or trademark effective as of the date of filing the first application. When filing the subsequent application, the applicant must claim the priority of the first application in order to make use of the right of priority. The right of priority belongs to the applicant or his successor in title.
The International Intellectual Property Alliance (IIPA) is a coalition of seven trade associations representing American companies that produce copyright-protected material, including computer software, films, television programs, music, books, and journals. Formed in 1984, it seeks to strengthen international copyright protection and enforcement by working with the U.S. government, foreign governments, and private-sector representatives.
Intellectual property rights (IPRs) have been acknowledged and protected in China since 1980. China has acceded to the major international conventions on protection of rights to intellectual property. Domestically, protection of intellectual property law has also been established by government legislation, administrative regulations, and decrees in the areas of trademark, copyright, and patent. Although this IP framework is developing quickly, as of 2023 it remains less developed than most industrialized countries.
A compulsory license provides that the owner of a patent or copyright licenses the use of their rights against payment either set by law or determined through some form of adjudication or arbitration. In essence, under a compulsory license, an individual or company seeking to use another's intellectual property can do so without seeking the rights holder's consent, and pays the rights holder a set fee for the license. This is an exception to the general rule under intellectual property laws that the intellectual property owner enjoys exclusive rights that it may license—or decline to license—to others.
The Trans-Pacific Partnership (TPP), or Trans-Pacific Partnership Agreement, was a highly contested proposed trade agreement between 12 Pacific Rim economies: Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, Vietnam, and the United States. In the United States, the proposal was signed on 4 February 2016 but not ratified, being opposed by many Democrats and Republicans, including both major-party presidential nominees, Donald Trump and Hillary Clinton. After taking office, the newly elected President Donald Trump formally withdrew the United States from TPP in January 2017, therefore the TPP could not be ratified as required and did not enter into force. The remaining countries negotiated a new trade agreement called Comprehensive and Progressive Agreement for Trans-Pacific Partnership, which incorporates most of the provisions of the TPP and which entered into force on 30 December 2018.
Republic Act No. 8293, otherwise known as the Intellectual Property Code of the Philippines, defines a trademark as “any visible sign capable of distinguishing goods”. Early jurisprudence has taken it to mean “a sign, device or mark by which the articles produced or dealt in by a particular person or organization are distinguished or distinguishable from those produced or dealt in by others, and must be affixed to goods or articles”.
The Trade Act of 1974 was passed to help industry in the United States become more competitive or phase workers into other industries or occupations.
Section 301 of the U.S. Trade Act of 1974 authorizes the President to take all appropriate action, including tariff-based and non-tariff-based retaliation, to obtain the removal of any act, policy, or practice of a foreign government that violates an international trade agreement or is unjustified, unreasonable, or discriminatory, and that burdens or restricts U.S. commerce. Section 301 cases can be self-initiated by the United States Trade Representative (USTR) or as the result of a petition filed by a firm or industry group. If USTR initiates a Section 301 investigation, it must seek to negotiate a settlement with the foreign country in the form of compensation or elimination of the trade barrier. For cases involving trade agreements, the USTR is required to request formal dispute proceedings as provided by the trade agreements. The law does not require that the U.S. government wait until it receives authorization from the World Trade Organization (WTO) to take enforcement actions, and the President is increasingly focused on enforcing intellectual property (IP) rights under the "Special" 301 amendments but the U.S. has committed itself to pursuing the resolution of disputes under WTO agreements through the WTO dispute settlement mechanism, which has its own timetable.
The economy of Cape Verde is a service-oriented economy that is focused on commerce, trade, transport and public services. Cape Verde is a small archipelagic nation that lacks resources and has experienced severe droughts. Agriculture is made difficult by lack of rain and is restricted to only four islands for most of the year. Cape Verde's economy has been steadily growing since the late 1990s, and it is now officially considered a country of average development, being only the second African country to have achieved such transition, after Botswana in 1994. Cape Verde has significant cooperation with Portugal at every level of the economy, which has led it to link its currency first to the Portuguese escudo and, in 1999, to the euro.
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an international legal agreement between all the member nations of the World Trade Organization (WTO). It establishes minimum standards for the regulation by national governments of different forms of intellectual property (IP) as applied to nationals of other WTO member nations. TRIPS was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) between 1989 and 1990 and is administered by the WTO.
Egyptian copyright law has evolved over time. The currently applicable legislation in Egypt with regard to copyright is Book Three of the Law on the Protection of Intellectual Property Rights 82 of 2002, which entered into force on 3 June 2002, the day following its publication in the Official Gazette. The implementing decree is Prime Ministerial Decree 497 of 2005.
Iran is a member of the WIPO since 2001 and has acceded to several WIPO intellectual property treaties. Iran joined the Convention for the Protection of Industrial Property in 1959. In December 2003 Iran became a party to the Madrid Agreement and the Madrid Protocol for the International Registration of Marks. In 2005 Iran joined the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, which ensures the protection of geographical names associated with products. As at February 2008 Iran had yet to accede to The Hague Agreement for the Protection of Industrial Designs.
Iran officially submitted an application to join the World Trade Organization (WTO) on 19 July 1996. From July 1996 to May 2001, Iran’s application had not been considered, mainly as a result of US objections and the US veto power in the WTO Council. From May 2001 Iran’s application for WTO membership has been brought up 22 times. At the 22nd time, on 26 May 2005, Iran’s application for WTO membership was approved unanimously by the organization’s members. Thus the process of Iran’s membership in the WTO started. Once Iran’s application was accepted and examined by WTO General Council, Iran became WTO observer member and started the process of full membership in the organization. In November 2009 Iran submitted the Foreign Trade Regime Memorandum as the process of accession entered a new phase.
Ley Sinde, is a provision in Spain's Sustainable Economy Act designed to address internet copyright infringements. The bill passed the final legislative hurdle and was made law Friday December 30, 2011. The law created a new intellectual property commission designed to review requests from copyright holders about websites that they claim infringe upon their copyright. The commission has the authority to determine whether to take action against the website or content intermediaries such as the internet service provider (ISP) or hosting provider. The commission's ruling is evaluated by a judge, with the goal of completing the entire review process within 10 days. The law has a provision that also requires content intermediaries to respond more quickly than under previous law: websites determined to be in violation of copyright law must be taken down within 48 hours. Finally, the law has a significant impact on individual privacy rights: it allows impacted parties to seek the identity of those they believe to have infringed on their copyright. This clause reversed precedent set by a 2008 European Court of Justice’s ruling in Promusicae v. Telefónica barring IP holders from demanding the identity of copyright infringers from ISPs. There was strong international pressure, predominantly from the United States, for the creation of this legislation while it was strongly opposed by bloggers, journalists and tech professionals in Spain. Deputy Prime Minister Soraya Sáenz de Santamaría said that the aim of the law was "to safeguard intellectual property, boost our culture industries and protect the rights of owners, creators and others in the face of the lucrative plundering of illegal downloading sites."
A notorious market is a website or physical market where, according to the Office of the United States Trade Representative (USTR), large-scale intellectual property infringement takes place. Officially termed Notorious Markets for Counterfeiting and Piracy, the USTR has generated a yearly list of such notorious markets since 2006 with input from various industry groups.
In 1996, the European Community and United States filed complaints with the WTO against Japan concerning their distribution and protection of sound recordings that originated in their respective states. Both disputes accused Japan of violating numerous articles of the TRIPS Agreement. Both disputes were settled in December 1997, with the involved parties finding mutually agreeable solutions. DS28 was the first case ever brought to the WTO's dispute settlement body based on the TRIPS Agreement.
