Wednesday, June 11, 2008

FAQ

What is biopiracy ?
The term "biopiracy" was launched in 1993 by the NGO RAFI (today ETC - Action Group on Erosion, Technology and Concentration).
There is no accepted definition of "biopiracy". The ETC Group defines it as "the appropriation of the knowledge and genetic resources of farming and indigenous communities by individuals or institutions seeking exclusive monopoly control (usually patents or plant breeders' rights) over these resources and knowledge."

What is intellectual property?
Rights awarded by society to individuals or organizations over inventions, literary and artistic works, and symbols, names, images, and designs used in commerce. They give the titleholder the right to prevent others from making unauthorized use of their property for a limited period.
The World Intellectual Property Organization (WIPO) defines it as all rights relating to: literary, artistic and scientific works, performances of performing artists, phonograms, and broadcasts, inventions in all fields of human endeavor, scientific discoveries, industrial designs, trademarks, service marks, and commercial names and designations, and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields

What is a trademark?
Definition (WIPO): A trademark is a distinctive sign which identifies certain goods or services as those produced or provided by a specific person or enterprise. Its origin dates back to ancient times, when craftsmen reproduced their signatures, or "marks" on their artistic or utilitarian products. Over the years these marks evolved into today's system of trademark registration and protection. The system helps consumers identify and purchase a product or service because its nature and quality, indicated by its unique trademark, meets their needs.

What is a patent?
Definition (WIPO): A patent is an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem.

What is the meaning of TRIPS?
TRIPS is an acronym for Trade Related Aspects of Intellectual Property Rights. The TRIPS agreement is described in the appendix 1C of the World Trade Organization Agreement from 1995. It permits virtually the globalization of patents and trademarks. It grants companies the right to protect their patents in all the WTO member countries - at present 142.
The treaty speaks of the commercial aspects of property rights. The Agreement will probably lead to the standardization of patent protection and will oblige all member states to stick to the rules. Of special interest is article 27, which concerns the patent laws and describes, which inventions are to be protected, and also the possibility of patenting of animals and plants.