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ion1DefinitionDefinition

Intellectual property (IP) is the name given

to property arising out of human

intellectual effort.

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The output of human

intellectual effort often

manifests itself as new or

original knowledge or

creative expression which

adds a desirable quality to a

marketable product or

service.

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Various elements provide intellectual output with

attributes that, in one way or another, enhance the

quality of life.

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ion1These elements may be called

► human endeavour,

► ingenuity,

► creativity,

► inventiveness,

► flash of inspiration,

► sudden insight, or

► new insight into observed facts.

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► These Elements may involve in

■ solving a technical problem in making something

with more desirable functional qualities, or

■ result in creating something aesthetically pleasing,

to satisfy a human need or want, be it sensory,

social, cultural, mental, spiritual or religious.

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Intellectual property refers to creations of the mind:

► Inventions,

► literary,

► Artistic works,

► Designs used in commerce,

► Symbols,

► Names,

► Images.

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Sess

ion1Characteristics of IPCharacteristics of IP

► A key characteristic of any property is that the owner

of property has the exclusive authority to determine

how that property is used.

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Physical Property(Tangible or Material)

Intellectual Property(Intangible or Immaterial)

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Physical Property(Tangible or Material)

Intellectual Property(Intangible or Immaterial)

In both the case the owner has

exclusive right to determine how it

is used.

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Physical Property(Tangible or Material)

Intellectual Property(Intangible or Immaterial)

Can only be used by one or a limited number of people at a given time.

Can be used by various people at the same time (including the owner or creator).

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Physical Property(Tangible or Material)

Intellectual Property(Intangible or Immaterial)

Has economic value as long as it exists or as long as there is demand for it.

Has economic value only for the duration specified in the laws and as long as there is demand for it.

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Physical Property(Tangible or Material)

Intellectual Property(Intangible or Immaterial)

Possibility of theft and disputes concerning ownership is rather limited.

Greater possibility of theft and disputes concerning ownership.

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Physical Property(Tangible or Material)

Intellectual Property(Intangible or Immaterial)

Theft occurs only if the possession of the property changes hands.

Theft occurs if the property is copied, imitated, adapted, translated, used, displayed, etc. without permission of the owner or creator.

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Physical Property(Tangible or Material)

Intellectual Property(Intangible or Immaterial)

In both the cases Expenditure or

income from the property may be

subject to taxation.

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Physical Property(Tangible or Material)

Intellectual Property(Intangible or Immaterial)

Both the properties May be

valued and reflected on

account books and balance sheets.

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Physical Property(Tangible or Material)

Intellectual Property(Intangible or Immaterial)

Both the properties May be

securitized and used as collateral

for borrowing money

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Physical Property(Tangible or Material)

Intellectual Property(Intangible or Immaterial)

Both the properties May

be insured.

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ion1Intellectual PropertyIntellectual Property

Industrial PropertyIndustrial Property CopyrightCopyright

PatentsPatents

Trade MarkTrade Mark

Industrial DesignsIndustrial Designs

Trade SecretsTrade Secrets

Geographic Indications

Literary WorksLiterary Works

Artistic WorksArtistic Works

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ion1PatentsPatents

A patent is an exclusive right granted for an invention,

which is a product or a process that provides a new and

non-obvious way of doing something, or offers a new

and non-obvious technical solution to a problem.

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ion1Trade MarkTrade Mark

A trademark is a sign or any combination of signs,

capable of distinguishing a product or service from

other products or services on the market.

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ion1Industrial DesignsIndustrial Designs

An industrial design (or simply a design) is the

appearance of the whole or part of a product resulting

from features of, in particular, the lines, contours,

colours, shape, texture and/or materials of the product

itself and/or its ornamentation.

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ion1Trade SecretsTrade Secrets

Trade secrets or confidential business information are any

information that can be used in the operation of a business

and that is sufficiently valuable and secret to afford

economic advantage over others.

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ion1Geographic IndicationsGeographic Indications

A geographical indication is a sign used on goods that

have a specific geographical origin and possess qualities

or reputation that are due to their place of origin.

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ion1CopyrightCopyright

Copyright describes a bundle of rights given to creators in relation to their literary and artistic works. It protects items such as paintings, drawings, sculptures, photographs, architecture, instruction manuals, software, databases, technical documentation, advertisements, maps, literary works, music, films or songs.

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ion1One Product, Many IP Rights One Product, Many IP Rights

A single product may be protected by a variety of

different IP rights e.g. CD Player.

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► The innovative technical features of the product are

protected by a series of PATENTS.

► The embedded computer programme controlling

the operations are protected by COPYRIGHTS.

► The aesthetic design of CD Player can be protected

by INDUSTRIAL DESIGN.

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► The Brand used to market it can be protected as a

TRADEMARK.

► In addition, the manufacturers probably hold a

numbers of TRADE SECRETS ranging from their

customer list to some of manufacturing processes or to

other confidential information that they would not

want to disclose to the competitors.

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► In addition, the inventors of CD chose to grant the

authorization (or LICENCE) to a number of companies

to use the CD technology in exchange of Payment, thus

acquiring additional income from the LICENCE.

► The inventors of innovative products can obtain

exclusivity to use, or prohibit others from using, each

one of this elements through IP Protection. 29

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