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.

This quiz covers intellectual property rights, including copyright, designs, patents, and trademarks. It also explores the concept of intellectual property as a category of intangible creations.