TRADEMARK

COPYRIGHTS
PATENTS AND RELATED
RIGHTS

INDUSTRIAL
DESIGN
INTELLECTUAL
PROPERTY GEOGRAPHICAL
INDICATION
INTELLECTUAL
PROPERTY
INTELLECTUAL
PROPERTY
Intellectual property (IP) refers
to creations of the mind –
everything from works of art
to inventions, computer
programs to trademarks and
other commercial signs.
 INTELLECTUAL PROPERTY
Importance of Intellectual Property Types of Intellectual Property
• IP plays a crucial role in both cultural and economic life. 1. Industrial property: patents, industrial designs,
• It encourages innovation and creativity by providing trademarks, and geographical indications.
incentives for inventors, artists, scientists, and 2. Copyright and related rights: literary, artistic, and
businesses. scientific works, performances, and broadcasts.
• IP rights allow creators to benefit from their work and
investment.

Balancing IP Rights
• The IP system must balance the rights and interests of
creators, consumers, businesses, and competitors.
• An efficient and fair IP system benefits everyone,
including users and consumers.
 INTELLECTUAL PROPERTY

Examples of IP in Action
International IP Framework
• Copyright protection enables the film, recording,
 Various laws and international treaties protect IP
publishing, and software industries to thrive.
rights.
• The patent system rewards researchers and inventors
 The World Intellectual Property Organization (WIPO)
while promoting innovation.
oversees more than 25 international treaties on IP.
• Trademark protection prevents counterfeiting, ensuring
 The Universal Declaration of Human Rights
fair competition and protecting consumers.
recognizes IP rights in Article 27.
PATENT
S
 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).
 PATENTS
Patent Protection Patent Requirements
 Exclusive rights to use, make, or sell an invention  Must be a new, non-obvious solution to a problem
 Must be of practical use
for a limited time (usually 20 years)
 In return, patent owner must disclose invention  Must not fall under non-patentable subject matter

details publicly (e.g., scientific theories, mathematical methods)

 After the protection period, the invention becomes

public domain

Obtaining a Patent
 - File an application with a patent office
 - Describe the invention clearly and in sufficient detail
 - Include drawings, plans, or diagrams
 - Application will be examined to determine if it qualifies for protection
 PATENTS
Patent Rights and Enforcement National, Regional, and International Protection
 Patent owner has exclusive rights to commercially  Inventors and firms must decide in which
use, make, sell, distribute, import, and use the territories they want patent protection
patented invention  Can use regional patent systems (e.g., African
 Can license or sell the patent to others
Regional Intellectual Property Organization) or
 Can enforce rights by suing for patent infringement
international systems (e.g., Patent Cooperation
Treaty) to reduce costs and simplify the
process.
INDUSTRIA
L
DESIGN
INDUSTRIAL DESIGN
Industrial design rights cover those
elements of a product that are
aesthetic or ornamental – the way it
looks and feels.
 INDUSTRIAL DESIGN
Importance: Aesthetic aspects significantly influence Industrial Design Rights
consumer choices.

 Exclusive Control: Right holders control commercial

Protected Designs: Ornamental aspects, including production, importation, and sale.
2D/3D features, patterns, lines, and colors.
 Exploitation: Owners can exploit, license, or sell design
rights.
Requirements: Designs must be new, original, and
capable of industrial production.  Enforcement: Owners can sue to prevent infringement.
 INDUSTRIAL DESIGN
Duration and Protection Key Points

 Limited Period: Protection lasts for at least 10 years,

 Industrial designs are crucial in the modern
renewable in some countries.
 National Laws: Protection varies across countries. economy.
 International Protection: Regional systems, like the  Protection is territorial, but regional systems

Hague System, allow for international registration. facilitate international protection.

 Design rights encourage investment in design and
innovation.
TRADEMAR
KS
TRADEMARKS
A trademark is a sign
capable of distinguishing the
goods or services of one
enterprise from those of
other enterprises .
 TRADEMARKS
History of Trademarks Importance of Trademarks
Trademarks have been used for centuries,
Trademarks are essential to business, identifying
with artisans signing or marking their work to prove
goods and services and allowing enterprises to develop and
ownership. Laws evolved to protect these marks.
promote their brands without fear of counterfeiting.

Types of Trademarks

Trademarks can be:

o Words, letters, numbers, symbols, colors, pictures, shapes, packaging,

holograms, sounds, tastes, and smells

o Collective marks (owned by associations and used by members)

o Certification marks (showing compliance with standards)

 TRADEMARKS
Protecting Trademarks National, Regional, and International Protection
o Trademark protection is territorial
o Registration provides exclusive rights to control use
o Requirements:
• Distinctive mark Regional and international systems:
• Not generic or identical to existing o WIPO's Madrid System (international
mark registration)
• Not misleading or deceptive o Online tools for searching trademark register
o Registration lasts for 10 years, renewable indefinitely and managing renewals
GEOGRAPHICA
L
INDICATION
GEOGRAPHICAL INDICATION
A geographical indication is a sign used
on products that have a specific
geographical origin and possess
qualities or a reputation that are due
to that origin.
 GEOGRAPHICAL INDICATION

 Examples: Roquefort cheese, Darjeeling tea,  Types of Geographical Indications

Tequila liquor  Identify products as originating from a specific place

 Consumers expect products with geographical
 Qualities, characteristics, or reputation due to place of
indications to come from a specific place and
origin
meet certain standards
 Examples: agricultural products, industrial products
with regional manufacturing traditions
 GEOGRAPHICAL INDICATION

Protecting Geographical Indications Geographical Indications and Trademarks

 - Three main ways:  Similarities: prevent infringing use, potentially last forever

 Differences:
1. Special laws (sui generis systems)
 Trademarks distinguish goods and services, owned by
2. Collective or certification marks
a company
3. Business practices and administrative
 Geographical indications guarantee origin and
product approval schemes
characteristics, used by multiple producers
GEOGRAPHICAL INDICATION

International Protection
 - International law complements national and
regional protection
 - Paris Convention (1883), TRIPS Agreement,
and WIPO's Lisbon System provide international
recognition and protection for geographical
indications
COPYRIGHTS
AND RELATED
RIGHTS
COPYRIGHTS AND RELATED RIGHTS
Copyright, or authors’ right, is a
legal term used to describe the
rights that creators have in
their literary, artistic and
scientific works.
 COPYRIGHTS AND RELATED RIGHTS
 Protects creative works, including books, music, Types of Rights
films, computer programs, and more  Economic Rights: Control distribution, reproduction,
 Covers creative expression, not ideas themselves translation, performance, and broadcasting
 National and international laws recognize  Moral Rights: Right to be acknowledged as author,
cultural, social, and economic importance prevent alteration damaging reputation

Transferring and Trading Copyright

 Economic rights can be transferred, divided, licensed, or
assigned

 Moral rights generally cannot be traded or transferred

 COPYRIGHTS AND RELATED RIGHTS

Copyright and Public Interest  Copyright serves both creators' and public's interests
 - Encourages creative endeavor by ensuring fair  Balance between protection and access is crucial
reward  International laws and treaties (e.g., Marrakesh Treaty)
 - Recognizes limitations and exceptions (e.g., support copyright exceptions and limitations
accessible versions for visually impaired) 
 - Economic rights have limited term, after which
work enters public domain
 COPYRIGHTS AND RELATED RIGHTS
National and International Copyright Law
Related Rights
 Different national laws, but international law sets
 Protects performers, broadcasting organizations, and
minimum standards
 International law guarantees: producers of sound recordings

 Automatic copyright protection upon creation  Similar protection to copyright, but shorter term
 Protection for at least 50 years after creator's (usually 50 years)
death
 Global protection, not just in country of origin
COPYRIGHTS AND RELATED RIGHTS
New Challenges
 Digital technologies and cultural practices require evolving
copyright law
 International agreements (WCT, WPPT, Beijing Treaty) address
Internet-age challenges
 Remaining challenges:
 - Protecting traditional cultural expressions
 - 3D printing and copyright law
 - Ensuring fair payment for online access to works
THANK YOU!