Introduction to Intellectual

Property
GS Quinones
 What is an IP?

Intellectual property is the creation

or product of the human mind.
 What is IP?

Intellectual Property
describes ideas, inventions,
technologies, artworks, music and
literature, that are intangible when
first created, but become valuable in
tangible form as products

- Dr. Kamil Idris

Intellectual Property: A Tool for Development

“In the age of the knowledge economy, the efficient and creative use of
knowledge is a key determinant of international competitiveness,
wealth creation and improved social welfare.”

Kamil Idris
WIPO Director General
What is intellectual property right?

• a right given to a person over the

creation of their mind.

• usually the creator is given an exclusive

right over the use of his/her creation for
a certain period of time.
What is intellectual property right?

• Moral Right
• are personal rights that connect the creator to their work.
• no one can show your work in a way that damages its meaning.

• Economic Right
• are personal rights of the creator to exploit his/her creation
EXCLUSIVELY.
• to exploit means: to produce/reproduce, to license, or to sell
his/her creation to the public.
What is IP ( Intellectual Property)
• IP is the collective term for the creations of the mind and for the
commercial goodwill as vested in business that can be protected by law
• IP protection involves the following rights and legal relationships:
1) Patents and utility models, industrial design
2) Copy rights and related rights
3) Distinctive signs used in commerce such as trademarks, trade names,
trade dress, geographical indications
4) Plant varieties
5) Lay out designs of integrated circuits
6) Trade secrets or undisclosed information
7) Repression of unfair competition
Classification of IP rights
1. Copyright = write a book, paint a picture, compose music or author
a creative work

2.Industrial Property = creation of the mind used in industry and

commerce proper as well as in agricultural and extractive industries
Characteristics of IP
• IP Rights are intangible in nature
• IP Rights are exclusive, time limited and territorial
What is exclusivity?
• The IP owner or IP right holder enjoys exclusivity of that IP
• Without the IP right holder’s permission, no one is allowed to use the right holder’s IP
• In the case of patents or trademarks, exclusivity means that no two or more identical
rights are allowed
For example Company A applies for a patent of anti covid medication other parties
cannot obtain patent protection for the same anti covid medication and not the object
that embodies the invention. Meaning if you buy the anti covid medication you own
the medication but the invention is owned by the patent holder
Tangible vs Intangible
 Protected IP Rights

• Copyright and Related Rights

• Patents and Utility Models

• Industrial Designs
 Protected IP Rights

• Layout-Designs
(Topographies) of
Integrated Circuits

•Trademarks, Service
Marks, Collective Marks
 Protected IP Rights

• Geographical Indications

• Undisclosed Information
 Invention/Patent

• Invention is any technical solution to a problem

in any field of human activity which is
• New
• Involves an inventive step
• Industrially applicable

•  First-to-File System

• Term of 20 years from filing date; without renewal

Requirements for Patent Protection

NOVELTY
REQUIREMENT
• New or novel when it does not form part
of the prior art

Prior art
means everything made available to the
public anywhere in the world prior to the
filing date or priority date of an
application.
 FACTS ON PATENTS

What rights does a patent owner have?

Rights of the patent owner:
- may decide who may or may not use the patented
invention for the period in which the invention is protected
- may give permission to, or license others to use the
invention on agreed terms
- may sell the right to the patent to others
- may prevent others from making, using or selling the
product of his invention during the life of the patent

What is the term of a patent?

- the term of the patent protection is 20 years from
the date of filing
 TEST of NOVELTY/NEWNESS

KNOWN NEW PATENT NEW PATENT

INVENTION APPLICATION APPLICATION
(PRIOR ART)
 TEST of NOVELTY/NEWNESS

KNOWN NEW PATENT NEW PATENT

INVENTION APPLICATION APPLICATION
(PRIOR ART)
Why do we need an IP system
• IP system is designed to protect humankind’s intellectual
achievements not only at the national level but across borders
• Many IP products like Hollywood movies, Germany made precision
tools, French wines have crossed borders to enter our country
• If these IP products are not protected they may be freely
counterfeited and plagiarized to the serious detriment of the right
holder
• IP plays an important role in economic and social progress as it has
added the “ fuel of interest to the fire of the genius” ( A. Lincoln)