Chapter 23 - Intellectual property rights and protection

Abstract

Innovation is the key for production and processing of knowledge. An ideal regime of intellectual property rights (IPRs) strikes a balance between private incentives for innovators (inventor and/or inventing organization) and the public interest of maximizing access to the fruits of innovation. This chapter describes World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) that established intellectual property (IP) rules in the multilateral trading system, allowing more uniformity and conformity across nations on the protection and enforcement of IP rights. Seven IPRs discussed in the TRIPS agreement are described - copyrights, industrial designs, layout designs of integrated circuits, trademarks, geographical indications, trade secrets, and patents. Efforts are made to describe Patents and Plant Breeder’s Rights including rights and exemptions, advantages, and disadvantages. An attempt is made to provide information on important topics relevant to a plant breeder particularly cultivar development. This chapter is only for educational purposes and the legal terms, restrictions, rights, limits and all pertinent information should be obtained from official government resources in the respective countries and jurisdictions, as those are the only source of correct legal information.