Concept of Property and Intellectual Property

Concept of Property vis-à-vis Intellectual Property

• Human beings' intellectual capability distinguishes them from animals and has elevated them to a civilized state.
• Intellectual Property (IP) is a product of intellectual capability and labor, and is a class of property that emanates from human intellect.
• IP relates to information that can be incorporated in tangible objects and reproduced in different locations.
• Examples of IP include patents, designs, trademarks, and copyrights.
• Intellectual Property Rights (IPR) are the rights accrued to the owner of such property.

Types of Intellectual Property

• Industrial property, which includes:
  • Inventions (patents)
  • Trademarks
  • Industrial designs
  • Geographic indications of source
• Copyright, which includes:
  • Literary and artistic works (e.g. novels, poems, plays)
  • Films, musical works, artistic works (e.g. drawings, paintings, photographs, sculptures)
  • Architectural designs
  • Rights of performing artists, producers of phonograms, and broadcasters

Characteristics of Intellectual Property

• Intangible, meaning it cannot be defined or identified by its own physical parameters.
• Must be expressed in some discernible way to be protectable.
• Encompasses four separate and distinct types of intangible properties: patent, trademark, copyright, and trade secret.

Evolution of Intellectual Property

• The scope and definition of IP are constantly evolving with the inclusion of newer forms, such as:
  • Geographical Indications
  • Protection of plant varieties
  • Protection for semi-conductors and integrated circuits
  • Undisclosed Information

Intellectual Property Rights

• Allow creators (or owners) of patents, trademarks, or copyrighted works to benefit from their own respective work or investment.
• Outlined in Article 27 of the Universal Declaration of Human Rights, which provides for the right to benefit from the protection of moral and material interests resulting from authorship of scientific, literary, or artistic productions.
• 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).

This quiz explores the concept of property and its relationship with intellectual property, highlighting the importance of human intellectual capabilities.