Concept of Property and Intellectual Property

Questions and Answers

What primarily distinguishes intellectual property from other forms of property?

It is intangible and must be expressed discernibly

Which category does a novel fall under within intellectual property?

Which rights are related to intellectual property but specifically associated with performances and recordings?

Rights related to copyright

What is the primary source from which intellectual property emanates?

Human intellect and creativity Signup and view all the answers

Which one of the following is NOT included in industrial property?

Architectural designs Signup and view all the answers

Which international treaty first recognized the importance of Intellectual Property?

Paris Convention for the Protection of Industrial Property (1883) Signup and view all the answers

Which newer form of Intellectual Property involves the protection of varieties of plants?

Protection of plant varieties Signup and view all the answers

What article of the Universal Declaration of Human Rights provides for the protection of moral and material interests from authorship?

Article 27 Signup and view all the answers

Which of the following is not traditionally considered a type of Intellectual Property?

Undisclosed Information Signup and view all the answers

What organization administers the Paris and Berne Conventions?

World Intellectual Property Organization (WIPO) Signup and view all the answers

Study Notes

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).