Intellectual Property Rights

The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) recognizes that widely varying standards in the protection and enforcement of intellectual property rights and the lack of multilateral disciplines dealing with international trade in counterfeit goods have been a growing source of tension in international economic relations. With that in mind, the agreement addresses the applicability of basic GATT principles and those of relevant international intellectual property agreements; the provision of adequate intellectual property rights; the provision of effective enforcement measures for those rights; multilateral dispute settlement; and transitional implementation arrangements.

Part I of the agreement sets out general provisions and basic principles, notably a national-treatment commitment under which nationals of other members must be given treatment no less favourable than that accorded to a member's own nationals with regard to the protection of intellectual property.

Part II addresses different kinds of intellectual property rights. It seeks to ensure that adequate standards of intellectual property protection exist in all member countries, taking as a starting point the substantive obligations of the main pre-existing conventions of the World Intellectual Property Organization (WIPO) - namely, the Paris Convention for the Protection of Industrial Property and the Berne Convention for the Protection of Literary and Artistic Works (copyright).

With respect to copyright, the agreement ensures that computer programs will be protected as literary works under the Berne Convention and outlines how data bases should be protected.

The agreement defines what types of signs must be eligible for protection as trademarks or service marks and what the minimum rights conferred on their owners must be. Marks that have become well-known in a particular country enjoy additional protection. The agreement identifies a number of obligations for the use of trademarks and service marks, their terms of protection, and their licensing or assignment.

Industrial designs are protected under the agreement for a period of 10 years. Owners of protected designs must be able to prevent the manufacture, sale or importation of articles bearing or embodying a design which is a copy of the protected design.

As for patents, the agreement requires that 20-year patent protection be available for all inventions, whether of products or processes, in almost all fields of technology.

With respect to the protection of layout designs of integrated circuits, members are to provide protection on the basis of the Washington Treaty on Intellectual Property. Protection must be available for a minimum period of 10 years;

Trade secrets and know-how which have commercial value must be protected against breach of confidence and other acts contrary to honest commercial practices. The final section in this part of the agreement concerns anti-competitive practices in contractual licenses. It recognizes the right of members to take measures in this area.

Part III of the agreement concerns enforcement. It sets out the obligations of member governments to provide procedures and remedies under their domestic law to ensure that intellectual property rights can be effectively enforced. A Council for Trade-Related Aspects of Intellectual Property Rights monitors the operation of the agreement and governments' compliance with it.

WORKING ON THE TEXT

Ex.1. SKIMMING:

a.Read the headline and the first sentence of each paragraph of the text. Pair up to discuss the topic of the article.

b. Read the first paragraph and the last paragraph of the text. Then work in pairs to discuss the contents of the piece.

c. Read the text. Get into pairs to discuss the contents of the piece.

Ex.2. SCANNING:

a. While scanning the text find the answers for content-specific questions given by the teacher.

b.While scanning the text pick out the sentences containing the key words given by the teacher.

Ex.3. READING: Read and translate the text “Intellectual Property Rights”.

Ex.4. TEXT QUESTIONS: Look back at the text and write down some questions you would like to ask the class about the text.

• Share your questions with other classmates / groups.
• Ask your partner / group your questions.

Ex.5. CHAT:Discuss with your classmates the key ideas of the text.

Ex.6. INTERNET:Find in theInternet the information about the Intellectual property rights violations Compare your findings.

Ex.7. INELLECTUAL PROPERTY RIGHTS DISCUSSION: Discuss with your partner the problem of a numerous intellectual property rights violations. What situation is in Russia? Give your proposals on this matter.

Ex.8. VOCABULARY: Circle the words you do not understand. In groups, pool unknown words and use dictionaries to find their meanings.

Ex.9. VOCABULARY EXTENSION: Choose the words from the text. Use a dictionary or Google’s search field (or another search engine) to build up more associations / collocations with each word.

Ex.10. WRITING A SPEECH: Using the notes from ADDENDUM on writing instructions, prepare a speech on the problem of Intellectual Property Rights.

Ex.11. SPEAKING: Present your speech to the class.

GRAMMAR REVISION

Ex.1. MULTIPLE CHOICE: GERUNDS AND INFINITIVES: Choose the correct answer for each gap below.

1. After his insulting comments, I thought Jack deserved _____ (to be, being) fired.

2. Max avoided _____ (using. to use) his cell phone when other people were in the room.

3. We arranged _____ (having, to have) a taxi pick us up and take us to the airport.

4. I resent _____ (to be, being) treated like a servant in my own home!

5. Frank completed _____ (to build, building) the new barn last week. Next, he is going to paint it red.

6. Don't worry, I don't mind _____ (to make, making) dinner. I think I'll make fish with steamed vegetables and a big salad on the side!

7. Crying, the mother looked into the television camera and said, "Society will no longer tolerate _____ (drinking and driving, to drink and to drive)."

8. Karen and Neil would like _____ (trying, to try) that new dance club downtown. It's supposed to have one of the largest dance floors in the world.

9. I can't see _____ (to buy, buying) a car when you don't even have a driver's license. That doesn't make any sense!

10. When do you wish _____ (to begin, beginning), now or later?

Ex.2. MULTIPLE CHOICE: GERUNDS AND INFINITIVES: Choose the correct answer for each gap below.

1. He expects _____ (finishing, to finish) his studies next summer.

2. National park officials do not permit _____ (entering, to enter) the park without an official guide. You can hire one at the park office.

3. He offered _____ (to carry, carrying) her books on the way home.

4. The archaeologist reported _____ (to find, finding) a large, previously unknown pyramid deep in the jungle.

5. Samantha keeps _____ (to forget, forgetting) to send us the documents. We need to have them by next week!

6. Felix decided not _____ (accepting, to accept) the position in Miami because he wanted to stay in New York.

7. _____ (Exercising and eating, Exercise and eat) right can help you live a long and healthy life.

8. The refugees risked _____ (being, to be) captured as they tried to escape through the mountains.

9. You have to wait forever at the doctor's office. I suggest _____ (taking, to take) a good book to help kill time.

10. Mr. Miller asked _____ (to be, being) included in the meeting with the new clients.

WORKING ON THE ARTICLE