Intellectual Property Rights

Intellectual Property

• Intellectual property is a category of property that includes intangible creations of the human intellect, primarily encompassing copyrights, patents, and trademarks.
• IP rights can be seen as a package, protecting different sub-products of a whole product.

Intellectual Property Rights

• Intellectual property rights are given to persons who are the authors or creators of new and original literary and artistic works.
• These rights compensate individuals for their creative process and investments, and are granted for a certain period of time.
• After the time period, the general public has the right to freely benefit from and use the work.

Necessity of Intellectual Property Rights Protection

• Intellectual property rights protection is necessary to:
  • Encourage creativity by ensuring reward.
  • Promote innovations in technology.
  • Facilitate the transfer of technology to less developed nations and countries.

World Intellectual Property Organization (WIPO)

• WIPO was established on July 14, 1967, in Stockholm.

Intellectual Property Establishments in Pakistan

• In Pakistan, IP rights laws are administered and managed by three different ministries of the Federal Government:
  • Ministry of Education: Copyright Ordinance, 1962.
  • Ministry of Industries and Production: Registered Designs Ordinance, 2000; Patents Ordinance, 2000.
  • Ministry of Commerce: Trade Marks Ordinance, 2001; Merchandise Marks Act, 1889.

Copyright

• Copyright is a legal right that grants the creator of an original work exclusive rights to determine whether, and under what conditions, the work may be used by others.
• It protects the form in which words, numbers, and drawings are laid out, including business letters, manuals, diagrams, computer programs, and lists.
• Copyright law gives the owner six exclusive rights:
  • Copy the work.
  • Issue copies to the public.
  • Lend the work to the public.
  • Perform, play, or show the work in public.
  • Broadcast the work in public.
  • Make an adaptation of the work.

Works Protected by Copyright

• There are nine defined types of works, divided into three categories:
  • Original literary, dramatic, musical, and artistic works.
  • Sound recordings, films, broadcasts, and cable programs.
  • The typographical arrangement of published editions.

Ownership of Copyrights

• If a literary, dramatic, musical, or artistic work is computer-generated, the author is the person who undertakes the arrangements necessary for the creation of the work.
• If a work is computer-aided, the author is the person who designs it with the help of a computer.
• When an author is an employee, the employer is the first owner of any copyright in the work.

Infringement of Copyrights

• Infringement is the action of breaking the terms of a law or agreement.
• There are two categories of infringement of copyrights:
  • Primary infringement: Anyone who performs any of the six acts that are exclusive for the copyright owner, without consent, is liable for primary infringement.
  • Secondary infringement: Beside breaching the civil rights of a copyright owner, secondary infringement also accounts for a criminal offense punishable by a fine or imprisonment.

Design

• A design is the appearance of a product, including its shape, texture, color, materials, contours, and ornamentation.
• A design right is an intellectual property right that protects the visual design of objects.

Design Rights

• Unregistered design rights protect the shape or configuration of a marketable product, and are used to prevent unauthorized copying of an original design.
• Registered design rights provide additional cover over and above any design right or copyright protection that may exist in the design.
• A registered design may be applied for to provide prolonged protection from copying, although this protection would only be available in countries or territories where the application was made.

Patents

• A patent gives the patent-holder the right to stop others from producing, selling, or using his or her invention.
• Unlike copyrights, patents protect the idea or design of the invention, rather than any tangible form of the invention.
• To patent something, you have to demonstrate that:
  • Your invention is a significantly original creation.
  • It is unique enough to distinguish it from existing inventions.
  • It is innovative enough that it wouldn't be obvious to others.
• Patents provide protection for 20 years, after which the invention is public property.

Trade Mark

• A trade mark is a brand name, and any word, name, symbol, or any combination used to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others.
• The trademark owner can be an individual, business organization, or any legal entity.
• A trademark may be registered in accordance with the provisions of the Trade Marks Ordinance, 2001, in respect of goods, services, or both goods and services.

Intellectual Property

• Intellectual property is a category of property that includes intangible creations of the human intellect, primarily encompassing copyrights, patents, and trademarks.
• IP rights can be seen as a package, protecting different sub-products of a whole product.

Intellectual Property Rights

• Intellectual property rights are given to persons who are the authors or creators of new and original literary and artistic works.
• These rights compensate individuals for their creative process and investments, and are granted for a certain period of time.
• After the time period, the general public has the right to freely benefit from and use the work.

Necessity of Intellectual Property Rights Protection

• Intellectual property rights protection is necessary to:
  • Encourage creativity by ensuring reward.
  • Promote innovations in technology.
  • Facilitate the transfer of technology to less developed nations and countries.

World Intellectual Property Organization (WIPO)

• WIPO was established on July 14, 1967, in Stockholm.

Intellectual Property Establishments in Pakistan

• In Pakistan, IP rights laws are administered and managed by three different ministries of the Federal Government:
  • Ministry of Education: Copyright Ordinance, 1962.
  • Ministry of Industries and Production: Registered Designs Ordinance, 2000; Patents Ordinance, 2000.
  • Ministry of Commerce: Trade Marks Ordinance, 2001; Merchandise Marks Act, 1889.

Copyright

• Copyright is a legal right that grants the creator of an original work exclusive rights to determine whether, and under what conditions, the work may be used by others.
• It protects the form in which words, numbers, and drawings are laid out, including business letters, manuals, diagrams, computer programs, and lists.
• Copyright law gives the owner six exclusive rights:
  • Copy the work.
  • Issue copies to the public.
  • Lend the work to the public.
  • Perform, play, or show the work in public.
  • Broadcast the work in public.
  • Make an adaptation of the work.

Works Protected by Copyright

• There are nine defined types of works, divided into three categories:
  • Original literary, dramatic, musical, and artistic works.
  • Sound recordings, films, broadcasts, and cable programs.
  • The typographical arrangement of published editions.

Ownership of Copyrights

• If a literary, dramatic, musical, or artistic work is computer-generated, the author is the person who undertakes the arrangements necessary for the creation of the work.
• If a work is computer-aided, the author is the person who designs it with the help of a computer.
• When an author is an employee, the employer is the first owner of any copyright in the work.

Infringement of Copyrights

• Infringement is the action of breaking the terms of a law or agreement.
• There are two categories of infringement of copyrights:
  • Primary infringement: Anyone who performs any of the six acts that are exclusive for the copyright owner, without consent, is liable for primary infringement.
  • Secondary infringement: Beside breaching the civil rights of a copyright owner, secondary infringement also accounts for a criminal offense punishable by a fine or imprisonment.

Design

• A design is the appearance of a product, including its shape, texture, color, materials, contours, and ornamentation.
• A design right is an intellectual property right that protects the visual design of objects.

Design Rights

• Unregistered design rights protect the shape or configuration of a marketable product, and are used to prevent unauthorized copying of an original design.
• Registered design rights provide additional cover over and above any design right or copyright protection that may exist in the design.
• A registered design may be applied for to provide prolonged protection from copying, although this protection would only be available in countries or territories where the application was made.

Patents

• A patent gives the patent-holder the right to stop others from producing, selling, or using his or her invention.
• Unlike copyrights, patents protect the idea or design of the invention, rather than any tangible form of the invention.
• To patent something, you have to demonstrate that:
  • Your invention is a significantly original creation.
  • It is unique enough to distinguish it from existing inventions.
  • It is innovative enough that it wouldn't be obvious to others.
• Patents provide protection for 20 years, after which the invention is public property.

Trade Mark

• A trade mark is a brand name, and any word, name, symbol, or any combination used to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others.
• The trademark owner can be an individual, business organization, or any legal entity.
• A trademark may be registered in accordance with the provisions of the Trade Marks Ordinance, 2001, in respect of goods, services, or both goods and services.