Session1

© 20091

Session1What is Intellectual Property?What is Intellectual Property?

2© 2009

Session1DefinitionDefinition

Intellectual property (IP) is the name given to property

arising out of human intellectual effort.

3© 2009

Session1

The output of human

intellectual effort often

manifests itself as new or

original knowledge or

creative expression which

adds a desirable quality to a

marketable product or

service.

4© 2009

Session1

Various elements provide intellectual output with

attributes that, in one way or another, enhance the

quality of life.

5© 2009

Session1

These elements may be called

► human endeavour,

► ingenuity,

► creativity,

► inventiveness,

► flash of inspiration,

► sudden insight, or

► new insight into observed facts.6

© 2009

Session1

► 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.

7© 2009

Session1Intellectual property refers to creations of the mind:

► Inventions,

► literary,

► Artistic works,

► Designs used in commerce,

► Symbols,

► Names,

► Images.8

© 2009

Session1Characteristics of IPCharacteristics 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.

9© 2009

Session1

10

Physical Property(Tangible or Material)

Intellectual Property(Intangible or Immaterial)

© 2009

Session1

11

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.

© 2009

Session1

12

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).

© 2009

Session1

13

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.

© 2009

Session1

14

Physical Property(Tangible or Material)

Intellectual Property(Intangible or Immaterial)

Possibility of theft and disputes concerning ownership is rather limited.

Greater possibility of theft and disputes concerning ownership.

© 2009

Session1

15

Physical Property(Tangible or Material)

Intellectual Property(Intangible or Immaterial)

Theft occurs only if the possession of the property changes hands.

Theft occurs if the property is copied, imitated, adapted, translated, used, displayed, etc. without permission of the owner or creator.

© 2009

Session1

16

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.

© 2009

Session1

17

Physical Property(Tangible or Material)

Intellectual Property(Intangible or Immaterial)

Both the properties May be

valued and reflected on

account books and balance sheets.

© 2009

Session1

18

Physical Property(Tangible or Material)

Intellectual Property(Intangible or Immaterial)

Both the properties May be

securitized and used as collateral

for borrowing money

© 2009

Session1

19

Physical Property(Tangible or Material)

Intellectual Property(Intangible or Immaterial)

Both the properties May

be insured.

© 2009

Session1Intellectual PropertyIntellectual Property

Industrial PropertyIndustrial Property CopyrightCopyright

PatentsPatents

Trade MarkTrade Mark

Industrial DesignsIndustrial Designs

Trade SecretsTrade Secrets

Geographic Indications

Literary WorksLiterary Works

Artistic WorksArtistic Works

© 200920

Session1PatentsPatents

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.

21© 2009

Session1Trade MarkTrade 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.

22© 2009

Session1Industrial DesignsIndustrial 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.

23© 2009

Session1Trade SecretsTrade 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.

24© 2009

Session1Geographic IndicationsGeographic Indications

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.

25© 2009

Session1CopyrightCopyright

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, technical

documentation, advertisements,

maps, literary works, music, films or

songs.

26© 2009

Session1One Product, Many IP Rights One Product, Many IP Rights

A single product may be protected by a variety of

different IP rights e.g. CD Player.

27© 2009

Session1CD PlayerCD 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.

28© 2009

Session1CD PlayerCD 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

Session1CD PlayerCD Player

► In addition, the inventors of CD chose to grant the

authorization (or LICENCE) to a number of companies

to use the CD technology in exchange of Payment, thus

acquiring additional income from the LICENCE.

► The inventors of innovative products can obtain

exclusivity to use, or prohibit others from using, each

one of this elements through IP Protection. 30

© 2009