Types of Intellectual Properties

What are intellectual

property rights?
• Intellectual property rights are like any other property
right. They allow creators, or owners, of intellectual
property holder (patents, trademarks or copyrighted
Works) to benefit from their own work or investment in a
creation.
• These IP rights are outlined in Article 27 of the Universal
Declaration of Human Rights, which provides
• (1) Everyone has the right freely to participate in the
cultural life of the community, to enjoy the arts and to
share in scientific advancement and its benefits.
(2) Everyone has the right to the protection of the moral
and material interests resulting from any scientific, literary
or artistic production of which he is the author.
 Need of Promoting Intellectual
Property

• to give statutory expression to the rights of

creators and innovators in their creations and
innovations, balanced against the public
interest in accessing creations and
innovations;
• to promote creativity and innovation, so
contributing to economic and social
development.
• The importance of intellectual property was
first 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).
Industrial Designs
Patents
Trademarks
Trade Secrets
Paris Convention for the Protection of
Industrial Property (1883)
• The Paris Convention was signed in Paris,
France in 1883.It is administered by the World
Intellectual Property Organization(WIPO).
• The convention applies to industrial property
in the widest sense including patents,
trademarks, industrial designs, trade names,
geographical indications among others.
• As of January 2020,the Convention has 180
contracting member countries.
 National
treatment

Paris
Convention
Provisions

Right of Common
priority rules
 National Treatment
• as regards the protection of industrial property,
each Contracting State must grant
the same protection to nationals of other
Contracting States that it grants to its own
nationals.
• Nationals of non-Contracting States are also
entitled to national treatment under the
Convention if they are domiciled or have a real
and effective industrial or commercial
establishment in a Contracting State.
 Right of Priority
• The Convention provides for the right of priority in the case of
patents (and utility models where they exist), marks and industrial
designs.
• This right means that, on the basis of a regular first application
filed in one of the Contracting States, the applicant may, within a
certain period of time (12 months for patents and utility models; 6
months for industrial designs and marks), apply for protection in
any of the other Contracting States.
• These subsequent applications will be regarded as if they had been
filed on the same day as the first application. In other words, they
will have priority (hence the expression "right of priority") over
applications filed by others during the said period of time for the
same invention, utility model, mark or industrial design.
• these subsequent applications, being based on the first
application, will not be affected by any event that takes
place in the interval, such as the publication of an
invention or the sale of articles bearing a mark or
incorporating an industrial design.
• One of the great practical advantages of this provision
is that applicants seeking protection in several
countries are not required to present all of their
applications at the same time but have 6 or 12 months
to decide in which countries they wish to seek
protection, and to organize with due care the steps
necessary for securing protection.
 Common Rules
• The Convention lays down a few common rules that all Contracting
States must follow. The most important are:
• (a) Patents. Patents granted in different Contracting States for the
same invention are independent of each other: the granting of a
patent in one Contracting State does not oblige other Contracting
States to grant a patent; a patent cannot be refused, annulled or
terminated in any Contracting State on the ground that it has been
refused or annulled or has terminated in any other Contracting
State.

• The grant of a patent may not be refused, and a patent may not be
invalidated, on the ground that the sale of the patented product, or
of a product obtained by means of the patented process, is subject
to restrictions or limitations resulting from the domestic law.
 Common Rules
• Each Contracting State that takes legislative measures providing for the
grant of compulsory licenses to prevent the abuses which might result
from the exclusive rights conferred by a patent may do so only
under certain conditions.
• A compulsory license (a license not granted by the owner of the patent
but by a public authority of the State concerned), based on failure to work
or insufficient working of the patented invention, may only be granted
pursuant to a request filed after three years from the grant of the patent
or four years from the filing date of the patent application, and it must be
refused if the patentee gives legitimate reasons to justify this inaction.
• forfeiture of a patent may not be provided for, except in cases where the
grant of a compulsory license would not have been sufficient to prevent
the abuse. In the latter case, proceedings for forfeiture of a patent may be
instituted, but only after the expiration of two years from the grant of the
first compulsory license.
 Trademarks
• The Paris Convention does not regulate the conditions for
the filing and registration of marks which are determined
in each Contracting State by domestic law. Consequently,
no application for the registration of a mark filed by a
national of a Contracting State may be refused, nor may a
registration be invalidated, on the ground that filing,
registration or renewal has not been effected in the
country of origin.
• The registration of a mark obtained in one Contracting
State is independent of its possible registration in any other
country, including the country of origin; consequently, the
lapse or annulment of the registration of a mark in one
Contracting State will not affect the validity of the
registration in other Contracting States.
• Where a mark has been duly registered in the country
of origin, it must, on request, be accepted for filing and
protected in its original form in the other Contracting
States. Nevertheless, registration may be refused in
well-defined cases, such as where the mark would
infringe the acquired rights of third parties; where it is
devoid of distinctive character; where it is contrary to
morality or public order; or where it is of such a nature
as to be liable to deceive the public.
• If, in any Contracting State, the use of a registered mark
is compulsory, the registration cannot be canceled for
non-use until after a reasonable period, and then only
if the owner cannot justify this inaction.
• Each Contracting State must refuse registration and prohibit the use
of marks that constitute a reproduction, imitation or translation,
liable to create confusion, of a mark used for identical and similar
goods and considered by the competent authority of that State to
be well known in that State and to already belong to a person
entitled to the benefits of the Convention.
• Each Contracting State must likewise refuse registration and
prohibit the use of marks that consist of or contain, without
authorization, armorial bearings, State emblems and official signs
and hallmarks of Contracting States, provided they have been
communicated through the International Bureau of WIPO. The
same provisions apply to armorial bearings, flags, other emblems,
abbreviations and names of certain intergovernmental
organizations.
• (c) Industrial Designs. Industrial designs must be protected in each Contracting
State, and protection may not be forfeited on the ground that articles
incorporating the design are not manufactured in that State.
• (d) Trade Names. Protection must be granted to trade names in each Contracting
State without there being an obligation to file or register the names.
• (e) Indications of Source. Measures must be taken by each Contracting State
against direct or indirect use of a false indication of the source of goods or the
identity of their producer, manufacturer or trader.
• (f) Unfair competition. Each Contracting State must provide for effective
protection against unfair competition.
• The Paris Union, established by the Convention, has an Assembly and an Executive
Committee. Every State that is a member of the Union and has adhered to at least
the administrative and final provisions of the Stockholm Act (1967) is a member of
the Assembly. The members of the Executive Committee are elected from among
the members of the Union, except for Switzerland, which is a member ex officio.
The establishment of the biennial program and budget of the WIPO Secretariat –
as far as the Paris Union is concerned – is the task of its Assembly.
• The Paris Convention, concluded in 1883, was
revised at Brussels in 1900, at Washington in
1911, at The Hague in 1925, at London in
1934, at Lisbon in 1958 and at Stockholm in
1967, and was amended in 1979.
 Berne Convention for the Protection
of Literary and Artistic Works (1886)
• The Berne Convention was first adopted on
September 9, 1886, in Berne, Switzerland.
• The Berne Convention deals with the protection
of works and the rights of their authors. It is
based on three basic principles and contains a
series of provisions determining the minimum
protection to be granted, as well as special
provisions available to developing countries that
want to make use of them.
 3 Basic Principles
“National Treatment", "automatic protection”, "independence of protection”

• (a) Works originating in one of the Contracting States (that is, works
the author of which is a national of such a State or works first
published in such a State) must be given the same protection in
each of the other Contracting States as the latter grants to the
works of its own nationals (principle of "national treatment")
• (b) Protection must not be conditional upon compliance with any
formality (principle of "automatic protection”).
• (c) Protection is independent of the existence of protection in the
country of origin of the work (principle of "independence of
protection”).
• If, however, a Contracting State provides for a longer term of
protection than the minimum prescribed by the Convention and the
work ceases to be protected in the country of origin, protection
may be denied once protection in the country of origin ceases.
 Minimum Standards of Protection
• The minimum standards of protection relate
to the
• works to be Protected
• rights to be protected, and
• the duration of protection
 Works to be Protected
• As to works, protection must include "every
production in the literary, scientific and
artistic domain, whatever the mode or form
of its expression" (Article 2(1) of the
Convention).
 Rights to be Protected
• Subject to certain allowed reservations, limitations or exceptions, the following are among
the rights that must be recognized as exclusive rights of authorization:
• the right to translate,
• the right to make adaptations and arrangements of the work,
• the right to perform in public dramatic, dramatico-musical and musical works
• the right to recite literary works in public,
• the right to communicate to the public the performance of such works,
• the right to broadcast (with the possibility that a Contracting State may provide for a mere
right to equitable remuneration instead of a right of authorization),
• the right to make reproductions in any manner or form (with the possibility that a
Contracting State may permit, in certain special cases, reproduction without authorization,
provided that the reproduction does not conflict with the normal exploitation of the work
and does not unreasonably prejudice the legitimate interests of the author; and the
possibility that a Contracting State may provide, in the case of sound recordings of musical
works, for a right to equitable remuneration),
• the right to use the work as a basis for an audiovisual work, and the right to reproduce,
distribute, perform in public or communicate to the public that audiovisual work
• The Convention also provides for "moral
rights", that is, the right to claim authorship of
the work and the right to object to any
mutilation, deformation or other modification
of, or other derogatory action in relation to,
the work that would be prejudicial to the
author's honor or reputation.
 Duration to be Protected
• As to the duration of protection, the general rule is that protection
must be granted until the expiration of the 50th year after the
author's death. There are, however, exceptions to this general rule.
• Exceptions:
• In the case of anonymous or pseudonymous works, the term of
protection expires 50 years after the work has been lawfully made
available to the public, except if the pseudonym leaves no doubt as
to the author's identity or if the author discloses his or her identity
during that period; in the latter case, the general rule applies.
• In the case of audiovisual (cinematographic) works, the minimum
term of protection is 50 years after the making available of the
work to the public ("release") or – failing such an event – from the
creation of the work.
• In the case of works of applied art and photographic works, the
minimum term is 25 years from the creation of the work
Use of protected works without the authorization of the owner
and without payment of compensation

• The Berne Convention allows certain limitations and exceptions on

economic rights, that is, cases in which protected works may be
used without the authorization of the owner of the copyright, and
without payment of compensation.
• These limitations are commonly referred to as "free uses" of
protected works, and are set forth in
• Articles 9(2) (reproduction in certain special cases),
• 10 (quotations and use of works by way of illustration for teaching
purposes),
• 10bis (reproduction of newspaper or similar articles and use of
works for the purpose of reporting current events) and
• 11bis(3) (ephemeral recordings for broadcasting purposes).
• The Berne Convention, concluded in 1886,
was revised at Paris in 1896 and at Berlin in
1908, completed at Berne in 1914, revised at
Rome in 1928, at Brussels in 1948, at
Stockholm in 1967 and at Paris in 1971, and
was amended in 1979.