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International Treats

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Tratados Internacionais

ORIGEM Após a Revolução Industrial, surgiu o direito de propriedade intelectual, com o intuito de incentivar a criação e inovação das indústrias. Para garantir estes direitos, foi criada a lei de patentes, que fazia com que o produtor controlasse tanto a produção, quanto sua distribuição através das marcas. Neste momento, cada país regulava de sua forma através da legislação interna, sem um sistema internacional para padronizar e formalizar suas regras. Deste modo, para que uma patente de determinado país fosse reconhecida em outro, a proteção à propriedade intelectual teve que ser internacionalizada. As primeiras tentativas para tal processo se deram em 1883 e 1886, com a Convenção de Paris pela Proteção da Propriedade Industrial (CUP) e a Convenção de Berna pela Proteção do Trabalho Artístico e Literário (CUB). Em 1967, a ONU criou a Organização Mundial da Propriedade Intelectual (OMPI), estabelecido na Convenção de Estocolmo.

CONVENÇÃO DE PARIS É o primeiro acordo internacional relativo à Propriedade intelectual, assinado em 1883 em Paris. Foi adotado inicialmente por 14 países, o Brasil estava entre eles, sendo a grande maioria países europeus. A Convenção da União de Paris (CUP) deu origem ao atual Sistema Internacional da Propriedade Industrial, que hoje possui 173 países signatários, passando por varias revisões: Bruxelas (1900), Washington (1911), Haia (1925), Londres (1934), Lisboa (1958) e Estocolmo (1967). Para que as normas fossem ajustaveis e flexiveis às legislações nacionais, foram criados alguns principios, sendo obrigatorios a todos os associados.

* Tratamento nacional
Garante que haja um tratamento uniforme entre todos os países membros da Convenção de Paris, tendo a mesma proteção, vantagens e direitos. Ou seja, não importa aonde o domiciliado ou o estabelecimento industrial esteja, terá os mesmos direitos nacionais do país de sua origem. * Prioridade Unionista
Estabelece que o primeiro pedido de patente ou desenho industrial depositado em um dos países membros sirva como base para outros depositos futuros da mesma materia, tendo o Direito de Prioridade. * Interdependência dos direitos
Estabelece, de acordo com o Principio da Territorialidade, que as patentes concedidas em qualquer país membro da Convenção são independentes das patentes concedidas correspondentes em qualquer outro país membro ou não da Convenção. * Territorialidade
Estabelece que a proteção dada pelo Estado através da patente ou registro do desenho industrial tem validade somente nos limites territoriais do país que a concede.

TRATADOS Atualmente, existem 24 tratados em exercício, sendo estes divididos em três grupos: Proteção da Propriedade Intelectual, Sistema de Proteção Global e Classificação. * Proteção da Propriedade Intelectual possui 14 tratados que definem as regras básicas de proteção. * Convenção de Berna * Convenção de Bruxelas * Tratado de Registro de Filme * Acordo de Madrid (Indicação de Fonte) * Tratado de Nairóbi * Convenção de Paris * Tratado de Lei de Patente * Convenção de Fonogramas * Convenção de Roma * Tratado de Singapura sobre Lei de Marca Registrada (Trademark) * Tratado de Lei de Marca Registrada * Tratado de Washington * WCT (Tratado de Copyright) * WPPT (Tratado de Performances e Fonogramas).

* Sistema de Proteção Global possui 6 tratados e é responsável pelo registro internacional de propriedade intelectual, garantindo que todos os Estados-membros o respeitem. * Tratado de Budapeste * Acordo de Haia * Acordo de Lisboa * Acordo de Madri * Protocolo de Madri * PCT (Tratado de Cooperação de Patente)

* Classificação possui 4 tratados, sendo responsável pela classificação para organizar as informações sobre invenções, marcas registradas e desenhos industriais. * Acordo de Locarno, relativo à desenho industrial. * Acordo de Nice, relativo à marcas registradas de produtos e serviços. * Acordo de Estrasburgo, relativo à classificação de patentes. * Acordo de Viena, relativo a elementos figurativos de marcas.

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