Document name: Session 6: what is intellectual property? Document date: 2016 Copyright information: © Propriety. Used under licence. OpenLearn course: Succeeding in postgraduate study. OpenLearn url: http://www.open.edu/openlearn/education/succeedingpostgraduate- study/content-section-overview What is intellectual property? World Intellectual Property Organization www.open.edu/openlearn Page 1 of 1 What is Intellectual Property? G A h c t a w S y s e t r u o C : h c t a W 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? 15 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 covers literary works (such as novels, poems and plays), films, music, artistic works (e.g., drawings, paintings, photographs and sculptures) and architectural design. Rights related to copyright include those of performing artists in their performances, producers of phonograms What is in their recordings, and 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 There are several compelling like any other property right. reasons. First, the progress and They allow creators, or owners, of well-being of humanity rest on its patents, trademarks or copyrighted capacity to create and invent new works to benefit from their own works in the areas of technology work or investment in a creation. and culture. Second, the legal These rights are outlined in Article protection of new creations 27 of the Universal Declaration encourages the commitment of of Human Rights, which provides additional resources for further for the right to benefit from innovation. Third, the promotion the protection of moral and and protection of intellectual material interests resulting from property spurs economic growth, authorship of scientific, literary creates new jobs and industries, or artistic productions. 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 help Protection of Industrial Property all countries to realize intellectual (1883) and the Berne Convention property’s potential as a catalyst for the Protection of Literary and for economic development and Artistic Works (1886). Both social and cultural well-being. treaties are administered by the The intellectual property system World Intellectual Property helps strike a balance between Organization (WIPO). the interests of innovators and the public interest, providing an environment in which creativity and invention can flourish, for the benefit of all. 3 How does the average What is person benefit? a Patent? Intellectual property rights reward creativity and human endeavor, which fuel the progress of humankind. Some examples: The multibillion dollar film, recording, publishing and software industries – which bring pleasure to millions of people worldwide – would not exist without copyright protection. 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. Consumers would have no means to confidently buy products or services without reliable, international trademark protection and enforcement mechanisms to discourage counterfeiting and piracy. 4 What is a Patent? Why are patents necessary? A patent is an exclusive right Patents provide incentives to granted for an invention – individuals by recognizing their a product or process that provides creativity and offering the possibility a new way of doing something, of material reward for their or that offers a new technical marketable inventions. These solution to a problem. incentives encourage innovation, which in turn enhances the quality A patent provides patent owners of human life. with protection for their inventions. Protection is granted for a limited period, generally 20 years. What kind of protection do patents offer? Patent protection means an invention cannot be commercially made, used, distributed or sold without the patent owner’s consent. Patent rights are usually enforced in courts that, in most systems, hold the authority to stop patent infringement. Conversely, a court can also declare a patent invalid upon a successful challenge by a third party. What rights do patent owners have? A patent owner has the right to decide who may – or may not – use the patented invention for the period during which it is protected. Patent owners may give 5 permission to, or license, other the total body of technical parties to use their inventions on knowledge in the world. This ever- mutually agreed terms. Owners increasing body of public may also sell their invention rights knowledge promotes further to someone else, who then creativity and innovation. Patents becomes the new owner of the therefore provide not only patent. Once a patent expires, protection for their owners but protection ends and the invention also valuable information and enters the public domain. This is inspiration for future generations also known as becoming off of researchers and inventors. patent, meaning the owner no longer holds exclusive rights to the invention, and it becomes How is a patent granted? available for commercial exploitation by others. The first step in securing a patent is to file a patent application. The application generally contains the What role do patents play title of the invention, as well as an in everyday life? indication of its technical field. It must include the background and Patented inventions have pervaded a description of the invention, in every aspect of human life, from clear language and enough detail electric lighting (patents held by that an individual with an average Edison and Swan) and sewing understanding of the field could machines (patents held by Howe use or reproduce the invention. and Singer), to magnetic resonance Such descriptions are usually imaging (MRI) (patents held by accompanied by visual materials – Damadian) and the iPhone drawings, plans or diagrams – that (patents held by Apple). describe the invention in greater detail. The application also In return for patent protection, contains various “claims”, that is, all patent owners are obliged to information to help determine the publicly disclose information on extent of protection to be granted their inventions in order to enrich by the patent. 6 What kinds of inventions Who grants patents? can be protected? Patents are granted by national An invention must, in general, patent offices or by regional fulfill the following conditions to offices that carry out examination be protected by a patent. It must work for a group of countries – be of practical use; it must show for example, the European Patent an element of “novelty”, meaning Office (EPO) and the African some new characteristic that is Intellectual Property Organization not part of the body of existing (OAPI). Under such regional knowledge in its particular technical systems, an applicant requests field. That body of existing protection for an invention in one knowledge is called “prior art”. or more countries, and each The invention must show an country decides whether to offer “inventive step” that could not patent protection within its be deduced by a person with borders. The WIPO-administered average knowledge of the technical Patent Cooperation Treaty (PCT) field. Its subject matter must provides for the filing of a single be accepted as “patentable” international patent application under law. In many countries, that has the same effect as national scientific theories, mathematical applications filed in the designated methods, plant or animal varieties, countries. An applicant seeking discoveries of natural substances, protection may file one application commercial methods or methods and request protection in as many of medical treatment (as opposed signatory states as needed. to medical products) are not generally patentable. 7 What is a trademark? A trademark is a distinctive sign that identifies certain goods or services produced or provided by an individual or a company. Its origin dates back to ancient times when craftsmen reproduced their signatures, or “marks”, on their artistic works or products of a functional or practical nature. Over the years, these marks have evolved into today’s system of trademark registration and protection. The system helps consumers to identify and purchase a product or service based on whether its specific M characteristics and quality – as A indicated by its unique trademark – meet their needs. What is a trademark? What do trademarks do? What kinds of trademarks can be registered? Trademark protection ensures that the owners of marks have the Trademarks may be one or a exclusive right to use them to combination of words, letters and identify goods or services, or to numerals. They may consist of authorize others to use them in drawings, symbols or