ITPEC FE Morning April 2021 Question 80
Which of the following is the intellectual property right that does not require registration for protection in the World Trade Organization (WTO) member states?
Explanation
Copyright — it arises automatically when a work is created, with no registration or formality.
Under the Berne Convention, whose rules the WTO TRIPS Agreement incorporates, copyright protection may not depend on any formality. A program, a text, a picture or music is protected from the moment it is created. Industrial property rights, in contrast, are granted by a national office after an application.
Answer (a)
Why not others:
- •(b) Industrial design — protection of a product's appearance, normally obtained by registration with the patent office
- •(c) Patent — granted only after an application and an examination of novelty and inventive step
- •(d) Trademark — exclusive rights are generally obtained by registering the mark
Key rule: Copyright is automatic on creation (no-formality principle); patents, utility models, industrial designs and trademarks are industrial property rights that require application and registration.
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