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What is ? What

Please note: This booklet is not intended as a substitute for legal advice. is IP? What is IP?

Intellectual property (IP) refers to creations of the mind – What everything from works of art to , computer programs to and other commercial signs.

IP covers a vast range of This booklet introduces the main activities, and plays an important types of IP and explains how role in both cultural and the protects them. It also economic life. This importance is introduces the work of the World recognized by various which Organization protect intellectual property (WIPO), the . agency dedicated to making IP work for and . IP law is complicated: there are different laws relating to different types of IP, and different national laws in different countries and regions of the world as well as . is IP?1 Creativity and inventiveness are vital. They spur economic growth, create new and industries, and enhance the Whatquality and enjoyment of life. Why does IP matter? IP rights

The progress and Intellectual property Essentially, intellectual Modern initiatives to well-being of humanity rights are also vital. property rights such protect IP through depend on our Inventors, artists, as , international law capacity to come up and and trademarks can be started with the Paris with new and put a lot of viewed like any other Convention for the creations. Technological time, money, energy and property right. They Protection of Industrial progress requires into developing allow the creators or Property (1883) and the development and their and owners of IP to benefit the application of new creations. To encourage from their work or from for the Protection of inventions, while a them to do that, they their investment in a Literary and Artistic vibrant will need the chance to creation by giving them Works (1886). constantly seek new make a fair return on control over how their ways to express itself. their investment. That property is used. These days, there means giving them are more than 25 rights to protect their IP rights have long international intellectual property. been recognized within on IP administered by various legal systems. WIPO. IP rights are also For example, patents to safeguarded by Article protect inventions were 27 of the Universal granted in Venice as far Declaration of Human back as the fifteenth Rights. century. 2 is IP? Different types and categories of IP

IP is often divided into two main categories:

Industrial property includes Copyright and patents for inventions, industrial cover literary, artistic and , trademarks and scientific works, including What geographical indications. performances and broadcasts. Striking a balance

The intellectual property Some examples: system needs to balance the rights and interests of different • The multibillion-dollar film, groups: of creators and recording, and consumers; of businesses and software industries – which their competitors; of high- and bring pleasure to millions of low-income countries. people worldwide – would not thrive without copyright An efficient and fair IP system protection. benefits everyone – including • The system rewards ordinary users and consumers. researchers and inventors while also ensuring that they share their knowledge by making patent applications publicly available, which helps stimulate more innovation. • protection discourages counterfeiting, so businesses can compete on a level playing field and users can be confident they are buying the genuine article. is IP?3 Patents

Patents were one of the first types of intellectual property to be recognized in modern legal systems. Today, patented inventions pervade every aspect of life, from electric lighting (patents held by Edison and Swan) to the iPhone (patents held by Apple).

By patenting an , the In this way, the patent system patent owner gets exclusive aims to benefit everyone: rights over it, meaning that he or she can stop anyone from using, • Firms and inventors can making or selling the invention maximize profits from their without permission. The patent inventions during the patent lasts for a limited period of time, protection period. generally 20 years. In return, the • This rewards them for their patent owner has to disclose effort and so encourages full details of the invention in the more innovation, which in turn published patent documents. benefits consumers and the Once the period of protection has general public. come to an end, the invention • Disclosure of the invention becomes off patent, meaning adds to the body of public anyone is free to make, sell or knowledge, enabling and use it. inspiring further and invention. Patents4 What can be patented?

An invention can be defined non-obvious that could not just as a product or process that have been deduced by someone offers a new way of doing with average knowledge of the something, or a new technical technical field. solution to a problem. Furthermore, the invention must To qualify for patent protection, not fall under non-patentable an invention must be of some subject matter. Patent laws in practical use and must offer many countries, for example, something new which is not part exclude scientific theories, of the existing body of knowledge mathematical methods, plant or in the relevant technical field animal varieties, discoveries of (what call the prior art). natural substances, commercial But these requirements of utility methods and methods of medical and are not enough; treatment (as opposed to medical the invention must also involve products) as not generally an inventive step – something patentable. Patents5 Obtaining Patent rights a patent and enforcement

Like most IP rights, patents are Patent owners have the If someone else uses a patented territorial: protection is granted to commercially invention without the patent within a country under its national make, sell, distribute, import owner’s permission, the patent law. and use their patented owner can seek to enforce inventions within the territory the rights by suing for patent Different countries have covered by the patent during infringement in the relevant Patentssomewhat different laws, but the period of protection. national . usually generally in order to gain have the power to stop infringing protection, an inventor or firm They may choose to make, sell or behavior and may also award will need to file an application use the invention themselves, let financial compensation to the with a patent office describing someone else make or use it for patent owner for the unauthorized the invention clearly and a fee (known as licensing), or sell use of the invention. in sufficient detail to allow the patent outright to someone someone with an average else who then becomes the But a patent can also be knowledge of the technical field patent owner. Or they may decide challenged in court, and if it is to use or reproduce it. Such not to use the patented invention judged to be invalid, for example descriptions usually include themselves, but to stop their because the court decides it drawings, plans or diagrams. competitors from using it during is insufficiently novel, it will be the patent period. struck down and the owner will The application also contains lose protection in that territory. various claims, that is, to help determine the extent of protection to be granted by the patent. The application will then be examined by the patent office to determine if it qualifies for protection.

6 National, regional and international protection

Inventors and firms must decide Several groups of countries in which territories they want have developed regional patent patent protection. Each patent systems that help reduce these office usually charges fees for costs, for example the African filing and processing applications, Regional Intellectual Property plus periodic fees for maintaining Organization (ARIPO). Under Patentsa patent once it has been granted. most of these systems, an applicant requests protection The cost of dealing with different for an invention in one or more national legal systems can be countries in the group, and each high, as laws and practices country then decides whether to can vary widely and applicants offer patent protection within its will usually need to pay for borders. representation by an authorized patent agent in each country. WIPO administers the PCT System, an international system that allows applicants to request protection under the Patent Cooperation in as many signatory states as they wish through a single application.

7 8 These aesthetic aspects can be be can aestheticThese aspects So they will tend to choose the the to they tend will So choose one with the they find functionality. the basic same offer economy. Nowadays consumers Industrial Industrial products, including many that that many including products, of choice face enormous an most attractive within their price price their within attractive most modern the in important hugely range. Industrialdesign

Industrial design rights cover cover rights design Industrial those elements of aproduct that the way it looks and feels. are are

aesthetic or ornamental or aesthetic . of types other many and designs, electrical appliances, textile medical and technical containers, packaging and computers, telephones, goods: cars, Industrial designs are applied are applied designs Industrial to a wide variety of industrial of industrial to variety awide instruments, watches, jewelry,instruments, products and handmade handmade and products – designs What designs can be protected?

Industrial design law only protects those aspects of a product that are ornamental; its technical features may be protected by patent, if they meet the requirements for patent protection.

A design may consist of three-dimensional features, such as the shape or surface of an article, or two- dimensional features such as patterns, lines or color.

To qualify for protection as an industrial design under most national laws, the design must be new and show a degree of or individuality, meaning that it is not identical or very similar to any previous design. Moreover, it must be capable of being produced industrially, so unique artworks are not covered. designs9 Industrial Industrial 10 As with most other forms of of forms other most with As Industrial Industrial countries, owners need to need renew owners countries, the but countries, maximum investment. such encouraging to have chance afair owners that means This rights. of their to infringement prevent court can and to others, them sell or will be at least ten years. In many many In ten years. least at be will with the protected design. Industrial design rights last for rightslast a design Industrial IP, exploit can owners design Industrial design rightsentitle design Industrial design rights design their registration every few years few years every registration their the production, commercial the to right holder control sue in the relevant national if they want to keep the design they toif want design the keep importation and sale of products of products sale and importation possible period. maximum the for protected period of protection in a country acountry in of protection period recoup their investmentrecoup in design, rights themselves, or limited period. This varies among among varies This period. limited Different Different design. covered by copyright. This can in and countries some designs, to register need will designer or afirm cases, most In countries. competition. In some countries it may also may also it countries some In some countries, certain In are protected designs Industrial design laws design their to in design order protect using national laws unfair against industrial designs may designs industrial be give also countries some but it, ways different in different in be possible to protect designs designs to protect possible be much is copyright for protection to advantageous be the right patents”. of “design by is means protection national national holder because the term of of term the because holder regarded as artistic works works artistic as regarded longer than for a registered aregistered for than longer unregistered to protection limited

designs Industrial Industrial Agreement Concerning the Obtaining Obtaining Hague Hague the administers WIPO designs in as many signatory in many as designs signatory file acan single international countries. However,countries. regional if systems national different Industrial design rights are rightsare design Industrial they want protection in many many in they protection want or firms territorial, so designers application covering up to up 100 covering application Designs Industrial of Registration International System states as they choose. as states of groups some for exist systems protection designs many with to deal may need Hague Hague the . Under , applicants 11 Trademarks

TrademarksA trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises.

Trademarks have been around Legal protection allows the owner for many years. In ancient times, of a mark to control who uses it. artisans would sign or mark their This means that enterprises can work to prove they had made it. develop and promote their goods Gradually, laws evolved to protect and services without having such marks. their undermined by counterfeiters, and consumers These days, trademarks are can rely on trademarks being essential to . They take genuine. many forms and identify a huge array of goods and services. Enterprises spend enormous amounts of time and money developing their and trademarks.

12 TrademarksDifferent types of trademark All sorts of signs may be used as trademarks – words, letters, numbers, symbols, colors, pictures, three-dimensional signs such as shapes and packaging, holograms, sounds, even tastes and smells.

To be eligible for registration, the basic principle is that a trademark must be distinctive, so it cannot just be a generic description of the product or . Nor can it be identical (or very similar) to a trademark already registered or used for that type of product or service.

Trademarks are not just used to identify the goods and services of a particular enterprise. There are also collective marks, each owned by an association and used by its members. For example, professional associations of accountants, engineers and architects often use this kind of mark. And there are certification marks which show that a product or service complies with certain standards, such as Ecolabels for products with reduced environmental impacts.

13 Protecting trademarks

The best way of protecting Once a trademark has been a trademark is to register it. granted, the owner can sue in Owners of a registered mark have the relevant national court if it the exclusive right to control who is infringed by someone else. uses it: they can use it to identify Equally, a trademark owner could their own goods or services, or face a legal challenge from a license or sell it for someone else third party arguing that it is too to use. similar to their own mark.

To register a mark in a territory, A trademark will only be granted the applicant needs to submit for a limited period – in most a reproduction of it to the countries, ten years – but the trademark office plus a full list of mark can be renewed as many the goods or services to which times as the owner wishes on it would apply. As well as being payment of additional fees, sufficiently distinctive and not provided it is still being used, so conflicting with any existing mark, in practice a trademark can be the mark must not be misleading protected indefinitely. or deceptive or violate public order or .

Trademarks14 National, regional and international protection

Like most IP law, trademark protection is territorial. However, regional and international systems have developed to make it easier to obtain trademark protection in many countries.

WIPO offers international registration under the . By filing a single application, users can obtain trademark protection in as many of the countries that have joined the System as they wish. There are also online tools that allow users to search trademark registers and help them manage renewal of their marks in different territories.

Trademarks15 Geographical indications

A is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin.

There are lots of examples There are different laws of geographical indications – protecting geographical often food and drink, such as indications and different systems Roquefort cheese from , of recognition in different Darjeeling tea from India and countries, so international law is Tequila liquor from Mexico. developing ways to strengthen protection across national Consumers buying products boundaries. with geographical indications want to know that the goods do indeed come from the place in question and conform to relevant Geostandards, so there need to be some controls on the use of geographical indications to protect their valuable reputation. graphical16 indica

Differenttions types of geographical indication

In order to function as a geographical indication, a sign must identify a product as originating in a given place, and the qualities, characteristics or reputation of the product should be essentially due to that place of origin.

This is often the case for agricultural products, because they are influenced by their local climate and environment, but geographical indications may also be used for industrial products where a region has a strong manufacturing tradition and reputation, for instance Swiss watches.

Appellations of origin are a type of geographical indication. In some , appellations of origin are protected more strongly than other Geo geographical indications. graphical 17 Protecting Geographical geographical indications indications and There are three main ways to However, sui generis systems trademarks protect a geographical indication: and collective or certification mark systems are similar in that In some respects, geographical • through special on geographical both set up rights for collective indication rights are similar to indications laws – so-called use by those who comply with trademarks. Right holders can sui generis systems; defined standards. prevent infringing use of the • using collective or certification geographical indication, and marks; and Essentially, such rights allow potentially the right lasts forever – • methods focusing on legitimate producers – those although periodic re-registration business practices, including whose products come from of collective or certification marks administrative product the area in question and meet may be required. approval schemes. all relevant standards – to use the law to stop a geographical However, there are also important Countries often use more than indication being used on goods differences between these two one of these different approaches, produced elsewhere, or to a types of sign. A trademark is and different approaches may different standard. used by a company to distinguish involve differences with respect its goods and services from to important questions, such as those produced by others, and the conditions for protection or the owner can prevent anyone the scope of protection. else from using the mark. Geo Furthermore, a trademark can be sold or licensed. graphical18 indica

A geographical indication International protection guarantees to consumers that tions a product was produced in a As with other types of IP, In addition, WIPO administers certain place and has certain international law has developed the international Lisbon System. characteristics that are due to complement and reinforce the This used to apply only to to that place of production. It protection offered in different appellations of origin, but may be used by all producers national and regional jurisdictions. the Geneva Act of the Lisbon in the relevant place who make Agreement on Appellations products that share certain International recognition of of Origin and Geographical qualities relating to that place, appellations of origin and Indications, adopted in 2015, and it cannot change . “indications of source” dates back extended the System to make to the Paris Convention of 1883. it possible to register other More recently, the agreement geographical indications on -Related Aspects of internationally too. Intellectual Property (TRIPS) included some further provisions Geo to prevent the misuse of GIs. graphical 19 20 Copyright and and Copyright Copyright covers an enormous Copyright covers enormous an copyrighted works, including of those with closely associated interests the protect that creators databases, programs, computer things. There are also rights rights also are There things. technical drawings, other among advertisements, maps and and maps advertisements, and films, but also also but films, and sculpture producers of sound recordings. of sound producers broadcastersperformers, and , music, , related to the copyright of the just –not of works range Copyrightrelated rights literary, creatorsthat have their literary, in used todescribeterm the rights Copyright, or authors’ alegal is Copyright, right, artistic and scientific works scientific and artistic The underlying aim of underlying copyright The Copyright is protected by protected is Copyright creative content. developers and creators, economic . as well as its considerable considerable its well as as and of national a mixture in being able to access and use use and to access able being in interest public the and investors importance of creative endeavor endeavor of creative importance international laws. These between the interests of content of content interests the between recognize the cultural and social law is to strike the right balance balance law to is right strike the . What works What does Copyright applies to the creative expression to creative the applies ofCopyright copyright cover? exhaustive list of everything that is covered. covered. is that of everything list exhaustive works and collections of data. collections and works themselves, procedures, methods of operation, or or of operation, methods procedures, themselves, However, not copyright does National copyright laws provide rarely an such as and architecture, reference reference architecture, and sculptures as such pictures, sound works, shapes three-dimensional mathematical concepts. ideas in many different forms – text, still or moving moving or still –text, forms different many in

generally cover generally ideas and related 21 rights 22 – including, for example, by example, for – including, What rights Copyright both includes criminal penalties for copyright penalties criminal often countries but concerned, distribution of a work. In other other In of awork. distribution words, a copyright owner can economic and does copyright copyright does these rights will depend on the the on depend will rights these enforces how owner the Exactly it, reproducing it, translating using a work without permission permission without awork using Essentially, stop anyone from copying or or copying stop anyone from infringement. involve the right to control the provide a mixture of civil and and of civil amixture provide it. broadcasting or it performing provide? national laws of the country

Copyrighteconomic rights

. Transferring Copyright also includes certain Copyright certain includes also Generally, rightscan economic damage thedamage creator’s reputation. to from it prevent and of awork copyright economic rights. economic their inherit will successors or copyright owner dies, their heirs conditions ( certain and trading and trading to the as author beacknowledged they may give or sell the rights to rights the they may give sell or someone who then becomes the the becomes then who someone under awork use someone including, the others, right among being altered in a way that might a way in might that altered being be transferred and divided. A A divided. and transferred be new owner ( new owner moral rights moral right owner may agree to let to let may agree owner right of the creator – – creator of the assignment licensing ). And if a a if ). And ), or or ), It is very common for rights to be to be rights for common very It is transferred. For example: transferred. • • • Copyright may owners choose conditions. For example, they For example, conditions. can license or assign assign or license can composers and recording recording and composers exchange for payments known known payments for exchange which will monitor how works willmonitor which In many countries, creators creators countries, many In to give away for work their use it freely based on certain certain on based freely it use are used and collect payments payments collect and used are their rights to collective rights their authors, music music authors, Book assign rights to publishers in in to publishers rights assign or license often artists as royalties as standard Creative free, or to let other people people to other or let free, behalf. creator’s the on users from may allow use based on on based may allow use . management organizations .

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was was

The World Intellectual Property Organization

WIPO is the global WIPO provides a neutral earns more than 90% of Providing information forum for intellectual environment in which its income through such and shared property services, different countries fees. This is unusual infrastructure , information and can come together to for an international cooperation. It was negotiate new rules, organization. Most WIPO aims to be a founded in 1967 and striking a fair balance international comprehensive and became a specialized between different organizations are impartial source of agency of the United interests. funded by their member information on global IP Nations in 1974. states – in other words, issues. This booklet is Delivering global by those countries’ just one of many WIPO There are four main services taxpayers – whereas publications – there are elements of WIPO’s most of WIPO’s budget also books, magazines, work. WIPO delivers is paid for by the people economic studies, international filing and and businesses who statistics and many Shaping international registration services. We use its services. other reference works. rules have mentioned many examples in this booklet: Cooperating with WIPO has also WIPO helps to develop international patent filing countries and developed infrastructure and implement under the PCT System, partners to make IP for accessing and international law on international trademark work for development sharing knowledge, intellectual property. registration under including enormous As we have seen, most the Madrid System, An important part of databases of patents, IP law is limited to a industrial design WIPO’s mission is to brands, trademarks, particular national registration under help all countries use appellations of origin . International the Hague System and benefit from IP laws and IP . law is crucial to facilitate and registration of and protection systems. protection across geographical indications Many of WIPO’s Visit the WIPO website national boundaries. under the Lisbon member states already to access a wealth of System. WIPO also have very sophisticated information: There are now more provides arbitration and and longstanding www.wipo.int. than 25 international IP services to national IP systems, treaties administered by help resolve IP disputes. but some developing WIPO, and negotiations countries are working to are ongoing to deal WIPO charges fees for build this capacity. with new challenges. these services. In fact, it World Intellectual Property Organization 34, chemin des Colombettes © WIPO, 2020 P.O. Box 18 CH-1211 Geneva 20 First published 2004 Switzerland Attribution 3.0 IGO (CC BY 3.0 IGO) Tel: + 41 22 338 91 11 The CC license does not apply to Fax: + 41 22 733 54 28 non-WIPO content in this publication.

For contact details of WIPO’s Photos: Getty Images External Offices visit: WIPO Publication No. 450E/20 www.wipo.int/about-wipo/en/offices ISBN 978-92-805-3176-3