What is Intellectual Property?

1 What is Intellectual Property? Watch: Courtesy Swatch AG. W ORLD. I NTELLECTUAL. P ROPERTY. O RGANIZATION. What is Intellectual Property? Table of Contents Page What is Intellectual Property? 2. What is a Patent? 5. What is a Trademark? 8. What is an Industrial Design? 12. What is a Geographical Indication? 14. What are Copyright 18. and Related Rights? What is the World Intellectual 22. Property Organization? What is Intellectual property? Intellectual property refers to creations of the mind: inventions, literary and artistic works, and symbols, names, and images used in commerce. Intellectual property is divided into two categories: 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.

2 Rights related to copyright include those of performing artists in their performances, producers of What is phonograms, and those of broadcasters in their radio Intellectual and television programs. property? 2. What are Intellectual Why promote and protect property rights? Intellectual property? Intellectual property rights are like There are several compelling any other property rights they reasons. First, the progress and allow the creator, or owner, of a well-being of humanity rests on its patent, trademark, or copyright to capacity for new creations in the benefit from his or her own work areas of technology and culture. or investment. These rights are Second, the legal protection of outlined in Article 27 of the these new creations encourages Universal declaration of Human the expenditure of additional Rights, which sets forth the right resources, which leads to further to benefit from the protection innovation.

3 Third, the promotion of moral and material interests and protection of Intellectual resulting from authorship property spurs economic growth, of any scientific, literary, or creates new jobs and industries, artistic production. and enhances the quality and enjoyment of life. The importance of Intellectual property was first recognized in An efficient and equitable the Paris Convention for the Intellectual property system can Protection of Industrial Property in help all countries realize 1883 and the Berne Convention Intellectual property's potential as for the Protection of Literary and a powerful tool for economic Artistic Works in 1886. Both development and social and treaties are administered by the cultural well-being. The Intellectual World Intellectual Property property system helps strike a Organization (WIPO). balance between the interests of the innovator and the public interest, providing an environment in which creativity and invention can flourish, to the benefit of all.

4 3. How does the average person benefit? What is Intellectual property rights reward a patent? creativity and human endeavor, which fuel the progress of humankind. Some examples: The multi-billion dollar film, recording, publishing, and software industries, which bring pleasure to millions of people in all parts of the world, would not exist without copyright protection;. Consumers would have no means to confidently buy products or services without reliable, international trademark protection and enforcement to discourage counterfeiting and piracy;. Without the rewards provided by the patent system, researchers and inventors would have little incentive to continue producing better and more efficient products for consumers worldwide. 4. What is a patent? What kind of protection does a patent offer? A patent is an exclusive right Patent protection means that the granted for an invention, which invention cannot be commercially is a product or a process that made, used, distributed or sold provides a new way of doing without the patent owner's something, or offers a new consent.

5 These patent rights are technical solution to a problem. usually enforced in a court, which, in most systems, holds the A patent provides protection for authority to stop patent the invention to the owner of the infringement. Conversely, a court patent. The protection is granted can also declare a patent invalid for a limited period, generally upon a successful challenge by 20 years. a third party. What rights does a patent owner have? A patent owner has the right to decide who may or may not . use the patented invention for the period in which the invention is protected. The patent owner may give permission to, or license, other parties to use the invention on mutually agreed terms. The owner may also sell the right to the invention to someone else, who will then become the new owner of the patent. Once a patent expires, the protection ends, and an invention enters the public domain, that is, the owner no longer holds exclusive rights to 5.

6 The invention, which becomes the total body of technical available to commercial knowledge in the world. Such an exploitation by others. ever-increasing body of public knowledge promotes further creativity and innovation in others. Why are patents necessary? In this way, patents provide not only protection for the owner but Patents provide incentives to valuable information and individuals by offering them inspiration for future generations recognition for their creativity and of researchers and inventors. material reward for their marketable inventions. These incentives encourage innovation, which How is a patent granted? assures that the quality of human life is continuously enhanced. The first step in securing a patent is the filing of a patent application. The patent application What role do patents play generally contains the title of the in everyday life?

7 Invention, as well as an indication of its technical field; it must Patented inventions have, in fact, include the background and a pervaded every aspect of human description of the invention, in life, from electric lighting (patents clear language and enough detail held by Edison and Swan) and that an individual with an average plastic (patents held by understanding of the field could Baekeland), to ballpoint pens use or reproduce the invention. (patents held by Biro) and Such descriptions are usually microprocessors (patents held by accompanied by visual materials Intel, for example). such as drawings, plans, or diagrams to better describe the All patent owners are obliged, in invention. The application also return for patent protection, to contains various claims , that is, publicly disclose information on information which determines the their invention in order to enrich extent of protection granted by the patent.

8 6. What kinds of inventions Who grants patents? can be protected? An invention must, in general, A patent is granted by a national fulfill the following conditions to patent office or by a regional be protected by a patent. It must office that does the work for a be of practical use; it must show number of countries, such as the an element of novelty, that is, European Patent Office (EPO) and some new characteristic that is the African Intellectual Property not known in the body of existing Organization (OAPI). Under such knowledge in its technical field. regional systems, an applicant This body of existing knowledge requests protection for the is called prior art . The invention in one or more invention must show an inventive countries, and each country step that could not be deduced decides as to whether to offer by a person with average patent protection within its knowledge of the technical field.

9 Borders. The WIPO-administered Finally, its subject matter must be Patent Cooperation Treaty (PCT). accepted as patentable under provides for the filing of a single law. In many countries, scientific international patent application theories, mathematical methods, which has the same effect as plant or animal varieties, national applications filed in the discoveries of natural substances, designated countries. An commercial methods, or methods applicant seeking protection may for medical treatment (as file one application and request opposed to medical products) protection in as many signatory are generally not patentable. states as needed. 7. What is a trademark? A trademark is a distinctive sign, which identifies certain goods or services as those produced or provided by a specific person or enterprise. Its origin dates back to ancient times, when craftsmen reproduced their signatures, or marks on their artistic or utilitarian products.

10 Over the years these marks evolved into today's system of trademark AM. registration and protection. The system helps consumers identify and purchase a product or service because its nature and quality, indicated by its unique trademark, meets their needs. What is a trademark? What does a trademark do? What kinds of trademarks can be registered? A trademark provides protection The possibilities are almost to the owner of the mark by limitless. Trademarks may be one ensuring the exclusive right to use or a combination of words, letters, it to identify goods or services, or and numerals. They may consist to authorize another to use it in of drawings, symbols, three- return for payment. The period of dimensional signs such as the protection varies, but a trademark shape and packaging of goods, can be renewed indefinitely on audible signs such as music or payment of corresponding fees.