Introduction to Intellectual Property

Introduction to Intellectual Property

• Definition of IP– Intellectual and Industrial Property– Coverage of Intellectual Property Rights

• The Balancing act: Private Rights vs. Public Welfare

“Intellectual property (IP) refers to creations of the mind: inventions,

literary and artistic works, and symbols, names, images, and designs used in commerce.”

Categories of IPIndustrial Property

Copyright

Industrial Property

includes patents for inventions, trademarks, industrial designs and

geographical indications.

Copyright

includes literary works such as novels, poems and plays, films,

musical works, artistic works such as drawings, paintings,

photographs and sculptures, and architectural designs.

Rights related to copyright include those of performing artists in their

performances, producers of phonograms,

and those of broadcasters in their radio and television programs.

Intellectual Property Rights• Intellectual Property Rights allow

the creator, or owner, of a patent, trademark, or copyright to benefit from his or her own work.

• Article 27 Universal Declaration of Human Rights: (1) Everyone has the right freely to

participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.

(2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

Why Promote and Protect IP?

1. The well-being of humanity rests on its capacity for new creations in the areas of technology and culture.

2. Protection of these creations encourages investment in these creations and promotes further innovation.

3. The promotion and protection of intellectual property spurs economic growth, creates new jobs and industries, and enhances the quality and enjoyment of life.

Intellectual Property Rights (WIPO)

1. Patent2. Trademark3. Industrial Design4. Geographical Indication5. Copyright

Patent

• 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.

• provides protection for the invention to the owner of the patent.

• The protection is granted for a limited period, generally 20 years.

• Patent protection means that the invention cannot be commercially made, used, distributed or sold without the patent owner’s consent.

Trademark

• A trademark is a distinctive sign, which identifies certain goods or services as those produced or provided by a specific person or enterprise.

• helps consumers identify and purchase a product or service because its nature and quality, indicated by its unique trademark, meets their needs.

Industrial Design• An industrial design is the ornamental or aesthetic aspect of an article. • may consist of three-dimensional features, such as the shape or

surface of an article, or of two-dimensional features, such as patterns, lines or color.

• applied to a wide variety of products of industry and handicraft: from technical and medical instruments to watches, jewelry, and other luxury items; from housewares and electrical appliances to vehicles and architectural structures; from textile designs to leisure goods.

• an industrial design must be new or original and non- functional. This means that an industrial design is primarily of an aesthetic nature and any technical features of the article to which it is applied are not protected.

Geographic Indication

• A geographical indication is a sign used on goods that have a specific geographical origin and possess qualities or a reputation that are due to that place of origin.

• Most commonly, a geographical indication consists of the name of the place of origin of the goods.

Copyright

• Copyright is the body of laws which grants authors, artists and other creators protection for their literary and artistic creations, which are generally referred to as “works”.

• Works covered by copyright include, but are not limited to: novels, poems, plays, reference works, newspapers, computer programs, databases, films, musical compositions, choreography, paintings, drawings.

• The creators of works protected by copyright, and their heirs and successors (generally referred to as “rightsholders”), have certain basic rights under copyright law. They hold the exclusive right to use or authorize others to use the work on agreed terms.

• The rightsholder(s) of a work can prohibit or authorize: – its reproduction in all forms, including printing and sound

recording; its public performance and communication to the public; its broadcasting;

– its translation into other languages; – and its adaptation, such as a novel into a screenplay for a film.

Balancing Private Rights vs. Public Welfare

• Criticisms on Intellectual Property Rights:– Extending Monopolies– Anti-development: IP regimes restrict usage of

technology– Creates artificial scarcity: are there really a scarcity

of ideas?