What is Intellectual Property?

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Table of Contents

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What is Intellectual Property? 2

What is a Patent? 5

What is a Trademark? 8

What is an Industrial Design? 12

What is a Geographical Indication? 15

What are Copyright 18and Related Rights?

What is the World Intellectual 22Property Organization?

What is Intellectual Property?

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What is Intellectual Property

Intellectual property refers tocreations of the mind: inventions;literary and artistic works; andsymbols, names and images usedin commerce. Intellectual propertyis divided into two categories:

Industrial Property includespatents for inventions,trademarks, industrial designsand geographical indications.

Copyright covers literaryworks (such as novels,poems and plays), films,music, artistic works (e.g., drawings, paintings,photographs and sculptures)and architectural design.Rights related to copyrightinclude those of performingartists in their performances,producers of phonograms in their recordings, andbroadcasters in their radioand television programs.

What isIntellectualProperty?

What are intellectual property rights?

Intellectual property rights are like any other property right. They allow creators, or owners, ofpatents, trademarks or copyrightedworks to benefit from their ownwork or investment in a creation.These rights are outlined in Article27 of the Universal Declaration of Human Rights, which providesfor the right to benefit from the protection of moral andmaterial interests resulting fromauthorship of scientific, literary or artistic productions.

The importance of intellectualproperty was first recognized inthe Paris Convention for theProtection of Industrial Property(1883) and the Berne Conventionfor the Protection of Literary andArtistic Works (1886). Bothtreaties are administered by theWorld Intellectual PropertyOrganization (WIPO).

Why promote and protectintellectual property?

There are several compellingreasons. First, the progress andwell-being of humanity rest on itscapacity to create and invent newworks in the areas of technologyand culture. Second, the legalprotection of new creationsencourages the commitment ofadditional resources for furtherinnovation. Third, the promotionand protection of intellectualproperty spurs economic growth,creates new jobs and industries,and enhances the quality andenjoyment of life.

An efficient and equitableintellectual property system can helpall countries to realize intellectualproperty’s potential as a catalystfor economic development andsocial and cultural well-being. The intellectual property systemhelps strike a balance between the interests of innovators and the public interest, providing anenvironment in which creativityand invention can flourish, for the benefit of all.

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How does the average person benefit?

Intellectual property rights rewardcreativity and human endeavor,which fuel the progress ofhumankind. Some examples:

The multibillion dollar film,recording, publishing andsoftware industries – whichbring pleasure to millions ofpeople worldwide – wouldnot exist without copyrightprotection.

Without the rewards providedby the patent system,researchers and inventorswould have little incentive tocontinue producing betterand more efficient productsfor consumers.

Consumers would have nomeans to confidently buyproducts or services withoutreliable, internationaltrademark protection andenforcement mechanisms to discourage counterfeitingand piracy.

What is a Patent?

What is a Patent?

A patent is an exclusive rightgranted for an invention – a product or process that providesa new way of doing something, or that offers a new technicalsolution to a problem.

A patent provides patent ownerswith protection for their inventions.Protection is granted for a limitedperiod, generally 20 years.

Why are patents necessary?

Patents provide incentives toindividuals by recognizing theircreativity and offering the possibilityof material reward for theirmarketable inventions. Theseincentives encourage innovation,which in turn enhances the qualityof human life.

What kind of protection do patents offer?

Patent protection means aninvention cannot be commerciallymade, used, distributed or soldwithout the patent owner’sconsent. Patent rights are usuallyenforced in courts that, in mostsystems, hold the authority to stoppatent infringement. Conversely, a court can also declare a patentinvalid upon a successful challengeby a third party.

What rights do patentowners have?

A patent owner has the right todecide who may – or may not –use the patented invention for the period during which it isprotected. Patent owners may give

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permission to, or license, otherparties to use their inventions onmutually agreed terms. Ownersmay also sell their invention rightsto someone else, who thenbecomes the new owner of thepatent. Once a patent expires,protection ends and the inventionenters the public domain. This isalso known as becoming offpatent, meaning the owner nolonger holds exclusive rights tothe invention, and it becomesavailable for commercialexploitation by others.

What role do patents play in everyday l i fe?

Patented inventions have pervadedevery aspect of human life, fromelectric lighting (patents held byEdison and Swan) and sewingmachines (patents held by Howeand Singer), to magnetic resonanceimaging (MRI) (patents held byDamadian) and the iPhone(patents held by Apple).

In return for patent protection, all patent owners are obliged topublicly disclose information ontheir inventions in order to enrich

the total body of technicalknowledge in the world. This ever-increasing body of publicknowledge promotes furthercreativity and innovation. Patentstherefore provide not onlyprotection for their owners butalso valuable information andinspiration for future generationsof researchers and inventors.

How is a patent granted?

The first step in securing a patentis to file a patent application. Theapplication generally contains thetitle of the invention, as well as anindication of its technical field. Itmust include the background anda description of the invention, inclear language and enough detailthat an individual with an averageunderstanding of the field coulduse or reproduce the invention.Such descriptions are usuallyaccompanied by visual materials –drawings, plans or diagrams – thatdescribe the invention in greaterdetail. The application alsocontains various “claims”, that is,information to help determine theextent of protection to be grantedby the patent.

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What kinds of inventionscan be protected?

An invention must, in general,fulfill the following conditions tobe protected by a patent. It mustbe of practical use; it must showan element of “novelty”, meaningsome new characteristic that isnot part of the body of existingknowledge in its particular technicalfield. That body of existingknowledge is called “prior art”.The invention must show an“inventive step” that could not be deduced by a person withaverage knowledge of the technicalfield. Its subject matter must be accepted as “patentable”under law. In many countries,scientific theories, mathematicalmethods, plant or animal varieties,discoveries of natural substances,commercial methods or methodsof medical treatment (as opposedto medical products) are notgenerally patentable.

Who grants patents?

Patents are granted by nationalpatent offices or by regionaloffices that carry out examinationwork for a group of countries –for example, the European PatentOffice (EPO) and the AfricanIntellectual Property Organization(OAPI). Under such regionalsystems, an applicant requestsprotection for an invention in oneor more countries, and eachcountry decides whether to offerpatent protection within itsborders. The WIPO-administeredPatent Cooperation Treaty (PCT)provides for the filing of a singleinternational patent applicationthat has the same effect as nationalapplications filed in the designatedcountries. An applicant seekingprotection may file one applicationand request protection in as manysignatory states as needed.

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What is a trademark?

A trademark is a distinctive signthat identifies certain goods orservices produced or provided byan individual or a company. Itsorigin dates back to ancient timeswhen craftsmen reproduced theirsignatures, or “marks”, on theirartistic works or products of afunctional or practical nature. Over the years, these marks haveevolved into today’s system oftrademark registration andprotection. The system helpsconsumers to identify andpurchase a product or servicebased on whether its specificcharacteristics and quality – asindicated by its unique trademark– meet their needs.

What is atrademark?

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What do trademarks do?

Trademark protection ensures thatthe owners of marks have theexclusive right to use them toidentify goods or services, or toauthorize others to use them inreturn for payment. The period ofprotection varies, but a trademarkcan be renewed indefinitely uponpayment of the correspondingfees. Trademark protection islegally enforced by courts that, inmost systems, have the authorityto stop trademark infringement.

In a larger sense, trademarkspromote initiative and enterpriseworldwide by rewarding theirowners with recognition andfinancial profit. Trademarkprotection also hinders the effortsof unfair competitors, such ascounterfeiters, to use similardistinctive signs to market inferioror different products or services.The system enables people withskill and enterprise to produce andmarket goods and services in thefairest possible conditions, therebyfacilitating international trade.

What kinds of trademarkscan be registered?

Trademarks may be one or acombination of words, letters andnumerals. They may consist ofdrawings, symbols or three-dimensional signs, such as theshape and packaging of goods.In some countries, non-traditionalmarks may be registered fordistinguishing features such asholograms, motion, color andnon-visible signs (sound, smell or taste).

In addition to identifying thecommercial source of goods orservices, several other trademarkcategories also exist. Collectivemarks are owned by an associationwhose members use them toindicate products with a certainlevel of quality and who agree to adhere to specific requirementsset by the association. Suchassociations might represent, forexample, accountants, engineersor architects. Certification marksare given for compliance withdefined standards but are notconfined to any membership.

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They may be granted to anyonewho can certify that their productsmeet certain established standards.Some examples of recognizedcertification are the internationallyaccepted “ISO 9000” qualitystandards and Ecolabels for products with reducedenvironmental impact.

How is a trademarkregistered?

First, an application for registrationof a trademark must be filed withthe appropriate national orregional trademark office. Theapplication must contain a clearreproduction of the sign filed forregistration, including any colors,forms or three-dimensionalfeatures. It must also contain a list

of the goods or services to whichthe sign would apply. The signmust fulfill certain conditions inorder to be protected as atrademark or other type of mark.It must be distinctive, so thatconsumers can distinguish it fromtrademarks identifying otherproducts, as well as identify aparticular product with it. It mustneither mislead nor deceivecustomers nor violate public orderor morality.

Finally, the rights applied forcannot be the same as, or similarto, rights already granted toanother trademark owner. Thismay be determined through searchand examination by nationaloffices, or by the opposition ofthird parties who claim to havesimilar or identical rights.

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How extensive is trademarkprotection?

Almost all countries in the worldregister and protect trademarks.Each national or regional officemaintains a Register ofTrademarks containing fullapplication information on allregistrations and renewals, whichfacilitates examination, search andpotential opposition by thirdparties. The effects of theregistration are, however, limitedto the country (or, in the case ofregional registration, countries)concerned.

To avoid the need to registerseparate applications with eachnational or regional office, WIPOadministers an internationalregistration system for trademarks.The system is governed by twotreaties: the Madrid AgreementConcerning the InternationalRegistration of Marks and theMadrid Protocol. Persons with a link (be it through nationality,domicile or establishment) to acountry party to one or both ofthese treaties may, on the basis ofa registration or application withthe trademark office of thatcountry (or related region), obtainan international registration havingeffect in some or all of the othercountries of the Madrid Union.

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What is an IndustrialDesign?

An industrial design refers to theornamental or aesthetic aspects ofan article. A design may consist ofthree-dimensional features, such asthe shape or surface of an article,or two-dimensional features, suchas patterns, lines or color.

Industrial designs are applied to awide variety of industrial productsand handicrafts: from technicaland medical instruments towatches, jewelry and other luxuryitems; from house wares andelectrical appliances to vehiclesand architectural structures; fromtextile designs to leisure goods.

To be protected under mostnational laws, an industrial designmust be new or original and non-functional. This means that anindustrial design is primarily of anaesthetic nature, and any technicalfeatures of the article to which itis applied are not protected by thedesign registration. However,those features could be protectedby a patent.

What is an IndustrialDesign?

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Why protect industrialdesigns?

Industrial designs are what makean article attractive and appealing;hence, they add to the commercialvalue of a product and increaseits marketability.

When an industrial design isprotected, the owner – the personor entity that has registered thedesign – is assured an exclusiveright and protection againstunauthorized copying or imitationof the design by third parties. This helps to ensure a fair returnon investment. An effectivesystem of protection also benefitsconsumers and the public at large,by promoting fair competition andhonest trade practices, encouragingcreativity and promoting moreaesthetically pleasing products.

Protecting industrial designs helpsto promote economic developmentby encouraging creativity in theindustrial and manufacturingsectors, as well as in traditional arts and crafts. Designs contributeto the expansion of commercialactivity and the export ofnational products.

Industrial designs can be relativelysimple and inexpensive todevelop and protect. They arereasonably accessible to smalland medium-sized enterprises aswell as to individual artists andcraftsmakers, in both developedand developing countries.

How can industrial designsbe protected?

In most countries, an industrialdesign must be registered in orderto be protected under industrialdesign law. As a rule, to beregistrable, the design must be“new” or “original”. Countrieshave varying definitions of suchterms, as well as variations in theregistration process itself.Generally, “new” means that noidentical or very similar design isknown to have previously existed.Once a design is registered, aregistration certificate is issued.Following that, the term ofprotection granted is generally five years, with the possibility offurther renewal, in most cases for a period of up to 15 years.

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Hardly any other subject matterwithin the realm of intellectualproperty is as difficult to categorizeas industrial designs. And this hassignificant implications for themeans and terms of its protection.Depending on the particularnational law and the kind ofdesign, an industrial design mayalso be protected as a work ofapplied art under copyright law,with a much longer term ofprotection than the standard 10 or15 years under registered designlaw. In some countries, industrialdesign and copyright protectioncan exist concurrently. In othercountries, they are mutuallyexclusive: once owners choose onekind of protection, they can nolonger invoke the other.

Under certain circumstances an industrial design may also be protectable under unfaircompetition law, although theconditions of protection and the rights and remedies availablecan differ significantly.

How extensive is industrialdesign protection?

Generally, industrial designprotection is limited to the countryin which protection is granted. The Hague Agreement Concerningthe International Registration of Industrial Designs, a WIPO-administered treaty, offers aprocedure for internationalregistration of designs. Applicantscan file a single internationalapplication either with WIPO or the national or regional officeof a country party to the treaty.The design will then be protected inas many member countries of thetreaty as the applicant designates.

What is aGeographicalIndication?

A geographical indication is a signused on goods that have a specificgeographical origin and possessqualities or a reputation due to that place of origin. Mostcommonly, a geographicalindication consists of the name of the place of origin of thegoods. Agricultural productstypically have qualities that derivefrom their place of production andare influenced by specific localgeographical factors, such asclimate and soil. Whether a signfunctions as a geographicalindication is a matter of nationallaw and consumer perception.Geographical indications may be used for a wide variety ofagricultural products, such as, forexample, “Tuscany” for olive oilproduced in a specific area of Italy,or “Roquefort” for cheeseproduced in that region of France.

The use of geographical indicationsis not limited to agriculturalproducts. They may also highlightspecific qualities of a product thatare due to human factors found inthe product’s place of origin, suchas specific manufacturing skills

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What is aGeographicalIndication?

and traditions. The place of originmay be a village or town, a regionor a country. An example of thelatter is “Switzerland” or “Swiss”,perceived as a geographicalindication in many countries forproducts made in Switzerland and,in particular, for watches.

What is an appellation of origin?

An appellation of origin is aspecial kind of geographicalindication used on products thathave a specific quality exclusivelyor essentially due to thegeographical environment inwhich the products are produced.The term geographical indicationencompasses appellations oforigin. Examples of appellationsof origin that are protected instates party to the LisbonAgreement for the Protection ofAppellations of Origin and theirInternational Registration are“Bordeaux” for wine produced inthe Bordeaux region of France,“Prosciutto di Parma” – or Parmaham – for ham produced in theParma province of Italy or“Habana” for tobacco grown inthe Havana region of Cuba.

Why do geographicalindications need protection?

Geographical indications areunderstood by consumers todenote the origin and quality ofproducts. Many of them haveacquired valuable reputationswhich, if not adequatelyprotected, may be misrepresentedby commercial operators. Falseuse of geographical indications byunauthorized parties, for example“Darjeeling” for tea that was notgrown in the tea gardens ofDarjeeling, is detrimental toconsumers and legitimateproducers. The former aredeceived into believing they arebuying a genuine product withspecific qualities and characteristics,and the latter are deprived ofvaluable business and sufferdamage to the establishedreputation of their products.

What is the differencebetween a geographicalindication and a trademark?

A trademark is a sign used by acompany to distinguish its goodsand services from those producedby others. It gives its owner theright to prevent others from using

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the trademark. A geographicalindication guarantees to consumersthat a product was produced in a certain place and has certaincharacteristics that are due to thatplace of production. It may beused by all producers who makeproducts that share certain qualitiesin the place designated by ageographical indication.

What is a “generic”geographical indication?

If the name of a place is used to designate a particular type ofproduct, rather than to indicate itsplace of origin, the term no longerfunctions as a geographicalindication. For example, “Dijonmustard”, a kind of mustard thatoriginated many years ago in theFrench town of Dijon, has, overtime, come to denote mustard ofthat kind made in many places.Hence, “Dijon mustard” is now ageneric indication and refers to atype of product, rather than a place.

How are geographicalindications protected?

Geographical indications areprotected in accordance with

national laws and under a widerange of concepts, such as lawsagainst unfair competition,consumer protection laws, laws forthe protection of certificationmarks or special laws for theprotection of geographicalindications or appellations oforigin. In essence, unauthorizedparties may not use geographicalindications if such use is likely tomislead the public as to the trueorigin of the product. Applicablesanctions range from courtinjunctions preventingunauthorized use to the paymentof damages and fines or, in seriouscases, imprisonment.

What is WIPO’s role in theprotection of geographicalindications?

WIPO administers a number ofinternational agreements that deal partly or entirely with theprotection of geographicalindications (in particular, the Paris Convention and the LisbonAgreement). WIPO meetings offer Member States and otherinterested parties the opportunityto explore new ways of enhancingthe international protection ofgeographical indications.

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What are Copyrightand Related Rights?

Copyright laws grant authors,artists and other creators protectionfor their literary and artisticcreations, generally referred to as“works”. A closely associated fieldis “related rights” or rights relatedto copyright that encompassrights similar or identical to thoseof copyright, although sometimesmore limited and of shorterduration. The beneficiaries ofrelated rights are:

performers (such as actorsand musicians) in theirperformances;producers of phonograms (forexample, compact discs) intheir sound recordings; andbroadcasting organizations in their radio and televisionprograms.

Works covered by copyrightinclude, but are not limited to:novels, poems, plays, referenceworks, newspapers,advertisements, computerprograms, databases, films, musicalcompositions, choreography,paintings, drawings, photographs,sculpture, architecture, maps andtechnical drawings.

What areCopyright andRelated Rights?

What rights do copyright andrelated rights provide?

The creators of works protected by copyright, and their heirs andsuccessors (generally referred to as“right holders”), have certain basicrights under copyright law. Theyhold the exclusive right to use orauthorize others to use the workon agreed terms. The rightholder(s) of a work can authorizeor prohibit:

its reproduction in all forms,including print form andsound recording;its public performance andcommunication to the public;its broadcasting;its translation into otherlanguages; andits adaptation, such as from a novel to a screenplay for a film.

Similar rights of, among others,fixation (recording) and reproductionare granted under related rights.

Many types of works protectedunder the laws of copyright andrelated rights require massdistribution, communication andfinancial investment for their

successful dissemination (forexample, publications, soundrecordings and films). Hence,creators often transfer these rightsto companies better able todevelop and market the works, in return for compensation in theform of payments and/or royalties(compensation based on apercentage of revenues generatedby the work).

The economic rights relating tocopyright are of limited duration –as provided for in the relevantWIPO treaties – beginning withthe creation and fixation of thework, and lasting for not less than50 years after the creator’s death.National laws may establish longerterms of protection. This term ofprotection enables both creatorsand their heirs and successors tobenefit financially for a reasonableperiod of time. Related rightsenjoy shorter terms, normally 50 years after the performance,recording or broadcast has takenplace. Copyright and theprotection of performers alsoinclude moral rights, meaning theright to claim authorship of awork, and the right to opposechanges to the work that couldharm the creator’s reputation.

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Rights provided for undercopyright and related rights lawscan be enforced by right holdersthrough a variety of methods andfora, including civil action suits,administrative remedies andcriminal prosecution. Injunctions,orders requiring destruction ofinfringing items, inspection orders,among others, are used to enforcethese rights.

What are the benefits ofprotecting copyright andrelated rights?

Copyright and related rightsprotection is an essential componentin fostering human creativity andinnovation. Giving authors, artistsand creators incentives in the formof recognition and fair economicreward increases their activity andoutput and can also enhance theresults. By ensuring the existenceand enforceability of rights,individuals and companies canmore easily invest in the creation,development and globaldissemination of their works. This, in turn, helps to increaseaccess to and enhance theenjoyment of culture, knowledgeand entertainment the world over,

and also stimulates economic andsocial development.

How have copyright andrelated rights kept up withadvances in technology?

The field of copyright and relatedrights has expanded enormouslyduring the last several decades with the spectacular progress oftechnological development thathas, in turn, yielded new ways ofdisseminating creations by suchforms of communication as satellitebroadcasting, compact discs andDVDs. Widespread dissemination ofworks via the Internet raisesdifficult questions concerningcopyright and related rights in this global medium. WIPO is fully involved in the ongoinginternational debate to shape newstandards for copyright protectionin cyberspace. In that regard, the Organization administers theWIPO Copyright Treaty (WCT) and the WIPO Performances andPhonograms Treaty (WPPT), knownas the “Internet Treaties”. Thesetreaties clarify international normsaimed at preventing unauthorizedaccess to and use of creative workson the Internet.

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How are copyright andrelated rights regulated?

Copyright and related rightsprotection is obtained automaticallywithout the need for registrationor other formalities. However, manycountries provide for a nationalsystem of optional registration anddeposit of works. These systemsfacilitate, for example, questionsinvolving disputes over ownershipor creation, financial transactions,sales, assignments and transfer of rights.

Many authors and performers donot have the ability or means topursue the legal and administrativeenforcement of their copyrightand related rights, especially giventhe increasingly global use ofliterary, music and performancerights. As a result, the establishmentand enhancement of collectivemanagement organizations(CMOs), or “societies”, is agrowing and necessary trend inmany countries. These societiescan provide their members withefficient administrative supportand legal expertise in, for example,collecting, managing and disbursing

royalties gained from the nationaland international use of a work orperformance. Certain rights ofproducers of sound recordings andbroadcasting organizations aresometimes managed collectively as well.

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What is the World IntellectualProperty Organization?

Established in 1970, the WorldIntellectual Property Organization(WIPO) is an internationalorganization dedicated to helpingensure that the rights of creatorsand owners of intellectual propertyare protected worldwide, and that inventors and authors aretherefore recognized andrewarded for their ingenuity.

This international protection actsas a spur to human creativity,pushing back the limits of scienceand technology and enriching theworld of literature and the arts. By providing a stable environmentfor marketing products protectedby intellectual property, it also oilsthe wheels of international trade.WIPO works closely with itsMember States and otherconstituents to ensure theintellectual property systemremains a supple and adaptabletool for prosperity and well-being,crafted to help realize the fullpotential of created works forpresent and future generations.

What is the WorldIntellectualPropertyOrganization?

Watch: Courtesy Swatch AG

How does WIPO promote the protection of intellectualproperty?

As part of the United Nationssystem of specialized agencies,WIPO serves as a forum for itsMember States to establish andharmonize rules and practices for the protection of intellectualproperty rights. WIPO also servicesglobal registration systems fortrademarks, industrial designs andappellations of origin, and a globalfiling system for patents. Thesesystems are under regular reviewby WIPO’s Member States andother stakeholders to determinehow they can be improved tobetter serve the needs of usersand potential users.

Many industrialized nations haveintellectual property protectionsystems that are centuries old.Among newer or developingcountries, however, many are inthe process of building up theirpatent, trademark and copyrightlegal frameworks and intellectualproperty systems. With theincreasing globalization of tradeand rapid changes in technologicalinnovation, WIPO plays a key role

in helping these systems to evolvethrough treaty negotiation; legaland technical assistance; andtraining in various forms, includingin the area of enforcement.

WIPO works with its Member Statesto make available information onintellectual property and outreachtools for a range of audiences –from the grassroots level throughto the business sector andpolicymakers – to ensure itsbenefits are well recognized,properly understood andaccessible to all.

How is WIPO funded?

WIPO is a largely self-financedorganization, generating morethan 90 percent of its annualbudget through its widely usedinternational registration andfiling systems, as well as throughits publications and arbitrationand mediation services. Theremaining funds come fromcontributions by Member States.

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For more information contact theWorld Intellectual Property OrganizationAddress:34, chemin des Colombettes P.O. Box 18CH-1211 Geneva 20Switzerland

Telephone:41 22 338 91 11

Fax:41 22 733 54 28

e-mail:wipo.mail@wipo.int

WIPO Publication No. 450(E) ISBN 978-92-805-1555-0