Intellectual Property and Customs

INTRODUCTION

Intellectual property surrounds us in nearly everything we do, at home, school; work, at rest and at play. No matter what we do, we are surrounded by the fruits of human creativity and invention. The importance of protecting intellectual property rights has received heightened recognition through the increase in world trade. It is estimated that billions of dollars of business is lost due to illegal counterfeiting. Between five to eight percent of all goods and services sold worldwide are estimated to be counterfeit.

With the establishment of the World Trade Organization in January 1995 and the agreement on intellectual property rights an effort is being made to cut down this illegal trade in intellectual property rights. The Agreement makes it possible for Member Countries to be more vigilant in apprehending the perpetrators of such behaviour. In a society which places an ever-greater value on specialist knowledge and which looks for creative solutions to solve a diverse range of world problems, the need for a fair and efficient intellectual property system is paramount. This paper will focus on the development of Intellectual Property Rights and the enforcement of these rights by Customs administrations worldwide.

CHAPTER 1

WHAT ARE INTELLECTUAL PROPERTY RIGHTS

Intellectual Property Rights are the rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his creation for a certain period of time. An Intellectual Property Right is a descriptive term covering a vast area of inventive, artistic and novel works indicating ownership of a particular right.

Intellectual Property Rights are customarily divided into two main areas; these are

❖ Copyright and rights related to copy right

❖ Industrial Property

Copyright

This is the legal term describing rights given to creators for their literary and artistic...