What is intellectual property? 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 inventions, computer programs to trademarks 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 law protects them. It also economic life. This importance is introduces the work of the World recognized by various laws which Intellectual Property Organization protect intellectual property (WIPO), the United Nations rights. agency dedicated to making IP work for innovation and creativity. 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 international law. is IP?1 Creativity and inventiveness are vital. They spur economic growth, create new jobs 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 copyright, patents international law capacity to come up scientists and and trademarks can be started with the Paris with new ideas and businesses 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 thought into developing allow the creators or Property (1883) and the development and their innovations and owners of IP to benefit the Berne Convention 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 culture 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 treaties 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 related rights patents for inventions, industrial cover literary, artistic and designs, 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, publishing 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 patent 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. • Trademark 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 invention, 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 research 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 lawyers call the prior art). natural substances, commercial But these requirements of utility methods and methods of medical and novelty 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 exclusive right 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 court. Courts 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, information 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 Treaty in as many signatory states as they wish through a single application. 7 Industrial design Industrial design rights cover those elements of a product that are aesthetic or ornamental – the way it looks and feels. These aesthetic aspects can be Industrial designs are applied hugely important in the modern to a wide variety of industrial economy. Nowadays consumers products and handmade face an enormous choice of goods: cars, telephones, products, including many that computers, packaging and offer the same basic functionality. containers, technical and medical So they will tend to choose the instruments, watches, jewelry, one with the design they find electrical appliances, textile most attractive within their price designs, and many other types of range. goods. 8 Industrial 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 originality or individuality, meaning that it is not identical or very similar to any previous design.