INTRODUCTION TO IP

WHAT IS IP?

According to the World Intellectual Property Organisation (WIPO), Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce. IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish.

Patents

A patent for an invention is granted to the inventor, giving the inventor the right for a limited period to stop others from making, using or selling the invention without the permission of the inventor. When a patent is granted, the invention becomes the property of the inventor, which – like any other form of property or business asset – can be bought, sold, rented or hired. Patents are territorial rights.

Trademarks

A Trademark constitute any sign that individualizes the goods of a given enterprise and capable of distinguishing such goods from the goods of competitors.
Thus a trade marks should:

  1. Individualize a product by indication of source to the satisfaction of the consumer, and
  2. Clearly distinguish the goods of one enterprise from those of other enterprises.

Copyrights

Copyright is the means by which a person or a business makes a living from creativity. Copyright springs from a simple notion: the people that create, produce or invest in creative work should be the ones that decide how that work should be reproduced and made available to the public.
Enshrined in international law for more than 200 years, copyright provides the economic foundation for creating and disseminating music, literature, art, films, software, and other forms of creative works. Copyright also protects culture and fosters artistic integrity.

Geographic Indications

A geographical indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. In order to function as a GI, a sign must identify a product as originating in a given place. In addition, the qualities, characteristics or reputation of the product should be essentially due to the place of origin. Since the qualities depend on the geographical place of production, there is a clear link between the product and its original place of production.