2. Introduction to Intellectual Property
• Definition of IP
– Intellectual and Industrial Property
– Coverage of Intellectual Property Rights
• The Balancing act: Private Rights vs. Public
Welfare
3. “Intellectual property (IP) refers to
creations of the mind: inventions,
literary and artistic works, and
symbols, names, images, and
designs used in commerce.”
6. 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.
7. 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.
8. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. • 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.
16. 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?
