Scribd
Upload
92 views17 pages

Chapter Five

The document discusses different types of intellectual property including patents, trademarks, copyright, and related rights. It provides details on what each type protects, how protection is granted and enforced, and requirements for protection. The key purposes of intellectual property protection are promoting innovation, economic growth, and access to creative works.

Uploaded by

Reffisa Jiru
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
92 views17 pages

Chapter Five

The document discusses different types of intellectual property including patents, trademarks, copyright, and related rights. It provides details on what each type protects, how protection is granted and enforced, and requirements for protection. The key purposes of intellectual property protection are promoting innovation, economic growth, and access to creative works.

Uploaded by

Reffisa Jiru
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
You are on page 1/ 17

Intellectual Properties

Chapter Five
 Intellectual property, very broadly, means the legal
rights which result from intellectual activity in the
industrial, scientific, literary and artistic fields
 Countries have laws to protect intellectual property
for two main reasons
Introduction  One is to give statutory expression to the moral and
economic rights of creators in their creations and
the rights of the public in access to those creations.
 The second is to promote, as a deliberate act of
Government policy, creativity and the dissemination
and application of its results and to encourage fair
trading which would contribute to economic and
social development.
• Generally speaking, intellectual property law
aims at safeguarding creators and other
producers of intellectual goods and services by
granting them certain time-limited rights to
control the use made of those productions
• Intellectual property is traditionally divided into
two branches, “industrial property” and
“copyright.”
• 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.
 Intellectual property shall include rights
relating to:
-literary, artistic and scientific works,
-performances of performing artists,
phonograms and broadcasts,
- inventions in all fields of human endeavor,
- scientific discoveries,
- industrial designs,
-trademarks, service marks and commercial
names and designations,
 protection against unfair competition,
 and all other rights resulting from intellectual
activity in the industrial, scientific, literary or
artistic fields
 Intellectual property rights are like any
other property right
 They allow creators, or owners, of patents,
trademarks or copyrighted works to benefit
Intellectual from their own work or investment in a
creation
property  The importance of intellectual property was first
rights recognized in the Paris Convention for the
Protection of Industrial Property (1883) and the
Berne Convention for the Protection of Literary and
Artistic Works (1886). Both treaties are
administered by the World Intellectual Property
Organization (WIPO).
 The mission of WIPO is to promote through
international cooperation the creation,
dissemination, use and protection of works
of the human mind for the economic,
cultural and social progress of all mankind.
 Its effect is to contribute to a balance
between the stimulation of creativity
worldwide, by sufficiently protecting the
moral and material interests of creators on
the one hand, and providing access to the
socio-economic and cultural benefits of
such creativity worldwide on the other.
 There are several compelling reasons
First, the progress and well-being of humanity rest on
Why promote its capacity to create and invent new works in the areas
and protect of technology and culture
Second, the legal protection of new creations
intellectual encourages the commitment of additional resources for
property? further innovation.
Third, the promotion and protection of intellectual
property spurs economic growth, creates new jobs and
industries, and enhances the quality and enjoyment of
life.
 A patent is an exclusive right granted for an
invention a product or process that
provides a new way of doing something, or
that offers a new technical solution to a
problem.
Patent  A patent provides patent owners with protection
for their inventions. Protection is granted for a
limited period, generally 20 years.
 Patents provide incentives to individuals by
recognizing their creativity and offering the
possibility of material reward for their marketable
inventions
 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
What kind of most systems, hold the authority to stop patent
infringement
protection
 A patent owner has the right to decide who may
do patents or may not use the patented invention for the
offer? period during which it is protected
 Patents provide not only protection for their
owners but also valuable information and
inspiration for future generations of researchers
and inventors.
 The first step in securing a patent is to file a patent
application
 The application generally contains the title of the
How is a invention, as well as an indication of its technical
field
patent  It must include the background and a description
granted? of the invention, in clear language and enough
detail that an individual with an average
understanding of the field could use or reproduce
the invention.
 An invention must, in general, fulfill the following
conditions to be protected by a patent
It must be of practical use
What kinds it must show an element of “novelty”
The invention must show an “inventive step”
of Its subject matter must be accepted as
inventions “patentable” under law.

can be  In many countries, scientific theories,


mathematical methods, plant or animal varieties,
protected? discoveries of natural substances, commercial
methods or methods of medical treatment (as
opposed to medical products) are not generally
patentable.
 A trademark is a distinctive sign that identifies
certain goods or services produced or provided by
an individual or a company
 Trademark protection ensures that the owners of
marks have the exclusive right to use them to
Trademark identify goods or services, or to authorize others to
use them in return for payment
 Trademark protection also hinders the efforts of
unfair competitors, such as counterfeiters, to use
similar distinctive signs to market inferior or
different products or services.
 Trademarks may be one or a combination
of words, letters and numerals.
 They may consist of drawings, symbols or
What kinds of three dimensional signs, such as the shape
and packaging of goods.
trademarks  Words: This category includes company names,
can be surnames, forenames, geographical names and
registered? any other words or sets of words, whether
invented or not, and slogans.
 Letters and Numerals: Examples are one or
more letters, one or more numerals or any
combination thereof.
 Devices: This category includes fancy devices,
drawings and symbols and also two dimensional
representations of goods or containers.
 Combinations of any of those listed above,
including logotypes and labels.
 Colored Marks: This category includes words,
devices and any combinations thereof in color, as
well as color combinations and color as such.
 Three-Dimensional Signs: A typical category of
three-dimensional signs is the shape of the goods
or their packaging.
 Copyright laws grant authors, artists and other
creators protection for their literary and artistic
creations, generally referred to as “works”
 Copyright law deals with particular forms of
Copyright and creativity, concerned primarily with mass
communication.
Related Rights  Copyright protection is above all one of the means
of promoting, enriching and disseminating the
national cultural heritage
 There exist rights related to, or “neighboring on”,
copyright. These rights are generally referred to as
“related rights” (or “neighboring rights,”) in an
abbreviated expression
 It is generally understood that there are three
kinds of related rights:
 the rights of performing artists in their
performances,
 the rights of producers of phonograms in their
phonograms,
 and the rights of broadcasting organizations in
their radio and television programs.
THANK YOU

You might also like