Chapter 1(a): Meaning and Major Forms of IP

Meaning of Intellectual Property (IP)

Intellectual Property (IP) refers to creations of the human mind, such as inventions, literary and artistic works, designs, symbols, names, and images that are given legal recognition and protection.  law provides their creators with exclusive rights over their use.

Historically, the concept of IP emerged in the 19th century as a way to protect the outcomes of intellectual effort just as one would protect physical (movable or immovable) property. The underlying principle is that creators and inventors should have legal control over the products of their intellect, which encourages innovation, creativity, and societal progress.

Unlike physical goods, intellectual creations can be replicated and distributed globally in multiple forms without altering the original. For this reason, IP laws are essential to control unauthorized use and to preserve the economic and moral rights of the creator.

Key Characteristics:

• Protects non-physical creations of the mind.
• Grants exclusive rights to creators and inventors.
• Aims to promote innovation and public access to knowledge.
• Protects rights not indefinitely—they are time-bound and balanced with public interest.
• IP rights do not give unlimited control; they must coexist with the rights and freedoms of others.

Major Forms of Intellectual Property

IP is generally categorized into two main branches:

1. Industrial Property

This includes:

• Patents: Exclusive rights granted for inventions—solutions to technical problems.
• Industrial Designs: Aesthetic or ornamental aspects that determine the appearance of industrial or manufactured products.
• Trademarks and Service Marks: Signs or symbols that distinguish goods or services of one business from another.
• Commercial Names and Designations: Business identifiers protected under IP law.
• Geographical Indications and Appellations of Origin: Indicate the source and quality of a product from a specific region.
• Protection Against Unfair Competition: Ensures fair business practices and prohibits misleading or deceptive actions in the market.

According to Article 1(2) of the Paris Convention for the Protection of Industrial Property (Stockholm Act, 1967):

Industrial property includes patents, utility models, industrial designs, trademarks, service marks, trade names, indications of source or appellations of origin, and measures to prevent unfair competition.

2. Copyright and Related Rights

This category protects:

• Literary and Artistic Works: Including books, music, paintings, films, photography, and software.
• Performances, Broadcasts, and Phonograms: Protected under related (or neighboring) rights.

Copyright protects the expression of ideas, not the ideas themselves. It allows creators to control how their works are reproduced, distributed, displayed, or adapted.

Berne Convention for the Protection of Literary and Artistic Works (1886, revised): “The expression ‘literary and artistic works shall include every production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression.”  such as books, pamphlets and other writings; lectures, addresses, sermons and other works of the same nature; dramatic or dramatic musical works; choreographic works and entertainments in dumb show; musical compositions with or without words; cinematographic works to which are assimilated works expressed by a process analogous to cinematography; works of drawing, painting, architecture, sculpture, engraving and lithography; photographic works to which are assimilated works expressed by a process analogous to photography; works of applied art; illustrations, maps, plans, sketches and three-dimensional works relative to geography, topography, architecture or science.

Nature of IP Rights

• Exclusive Rights: The creator or right-holder has the legal right to use the IP and to prevent others from using it without permission.
• Time-Bound: Most IP rights are granted for a limited duration (e.g., patents for 20 years, copyright for the life of the author plus 50 or 70 years depending on jurisdiction).
• Territorial: IP rights are generally applicable only within the jurisdiction of the country where protection is granted.
• Balance of Interests: While IP rights provide benefits to creators, they are not absolute. Public interest, competition, and freedom of expression must also be respected.

Summary

                                               Prepared by Madhu Dahal