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What is Intellectual Property?
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Definition
Intellectual property (IP) is the name given to property arising out of human intellectual effort.
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The
output
intellectual
of
human
effort
often
manifests itself as new or original creative
knowledge expression
or which
adds a desirable quality to a marketable
product
or
service. 4 © 2009
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Various elements provide intellectual output with attributes that, in one way or another, enhance the quality of life.
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These elements may be called ►
human endeavour,
►
ingenuity,
►
creativity,
►
inventiveness,
►
flash of inspiration,
►
sudden insight, or
►
new insight into observed facts. 6
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►
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These Elements may involve in ■
solving a technical problem in making something
with more desirable functional qualities, or ■
result in creating something aesthetically pleasing,
to satisfy a human need or want, be it sensory, social, cultural, mental, spiritual or religious.
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Intellectual property refers to creations of the mind: ►
Inventions,
►
literary,
►
Artistic works,
►
Designs used in commerce,
►
Symbols,
►
Names,
►
Images. 8
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Characteristics of IP ►
A key characteristic of any property is that the owner
of property has the exclusive authority to determine how that property is used.
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Physical Property (Tangible or Material)
Intellectual Property (Intangible or Immaterial)
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Physical Property (Tangible or Material)
Intellectual Property (Intangible or Immaterial)
In both the case the owner has exclusive right to determine how it is used. 11 © 2009
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Physical Property (Tangible or Material)
Intellectual Property (Intangible or Immaterial)
Can only be used by one or a limited number of people at a given time.
Can be used by various people at the same time (including the owner or creator).
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Physical Property (Tangible or Material)
Intellectual Property (Intangible or Immaterial)
Has economic value as long as it exists or as long as there is demand for it.
Has economic value only for the duration specified in the laws and as long as there is demand for it.
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Physical Property (Tangible or Material)
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Physical Property (Tangible or Material)
Theft occurs only if the possession of the property changes hands.
Intellectual Property (Intangible or Immaterial)
Theft occurs if the property is copied, imitated, adapted, translated, used, displayed, etc. without permission of the owner or creator.
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Physical Property (Tangible or Material)
Intellectual Property (Intangible or Immaterial)
In both the cases Expenditure or income from the property may be subject to taxation. 16 © 2009
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Physical Property (Tangible or Material)
Intellectual Property (Intangible or Immaterial)
Both the properties May be valued and reflected on account books and balance sheets. 17 © 2009
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Physical Property (Tangible or Material)
Intellectual Property (Intangible or Immaterial)
Both the properties May be securitized and used as collateral for borrowing money 18 © 2009
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Physical Property (Tangible or Material)
Intellectual Property (Intangible or Immaterial)
Both the properties May be insured.
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Intellectual Property
Industrial Property
Copyright
Patents
Literary Works
Trade Mark
Artistic Works
Industrial Designs
Trade Secrets
Geographic Indications 20 © 2009
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Patents
A patent is an exclusive right granted for an invention, which is a product or a process that provides a new and non-obvious way of doing something, or offers a new and non-obvious technical solution to a problem.
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Trade Mark
A trademark is a sign or any combination of signs, capable of distinguishing a product or service from other products or services on the market.
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Industrial Designs
An industrial design (or simply a design) is the appearance of the whole or part of a product resulting from features of, in particular, the lines, contours, colours, shape, texture and/or materials of the product itself and/or its ornamentation.
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Trade Secrets
Trade secrets or confidential business information are any information that can be used in the operation of a business and that is sufficiently valuable and secret to afford economic advantage over others.
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Geographic Indications
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A geographical indication is a sign used on goods that have a specific geographical origin and possess qualities or reputation that are due to their place of origin.
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Copyright Copyright describes a bundle of rights given to creators in relation to their literary and artistic works. It protects items such as paintings, drawings, sculptures, photographs, architecture, instruction manuals, software,
databases,
documentation,
technical
advertisements,
maps, literary works, music, films or songs. 26 © 2009
One Product, Many IP Rights
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A single product may be protected by a variety of different IP rights e.g. CD Player.
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CD Player ►
The innovative technical features of the product are
protected by a series of PATENTS. ►
The embedded computer programme
controlling
the operations are protected by COPYRIGHTS. ►
The aesthetic design of CD Player can be protected
by INDUSTRIAL DESIGN.
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CD Player ►
The Brand used to market it can be protected as a
TRADEMARK. ►
In addition, the manufacturers probably hold a
numbers of TRADE SECRETS ranging from their customer list to some of manufacturing processes or to other confidential information that they would not want to disclose to the competitors. 29 © 2009
