FABTECH TECHNICAL CAMPUS

Intellectual Property Rights

Course Contents:
Unit 1: Introduction to Intellectual Property Introduction, types of intellectual property,
international organizations, agencies and treaties, importance of intellectual property rights.

Unit 2: Trade Marks Purpose and function of trademarks, acquisition of trade mark rights,
protectable matter, selecting and evaluating trade mark, trade mark registration processes.

Unit 3: Law of Copy Rights Fundamental of copy right law, originality of material, rights of
reproduction, rights to perform the work publicly, copy right ownership issues, copy right
registration, notice of copy right, international copy right law.

Unit 4: Law of Patents Foundation of patent law, patent searching process, ownership rights and
transfer.

Unit 5: Trade Secrets Trade secretes law, determination of trade secretes status, liability for
misappropriations of trade secrets, protection for submission, trade secrete litigation. Unfair
competition: Misappropriation right of publicity, false advertising.

Unit 6: New Development of Intellectual Property New developments in trade mark law; copy
right law, patent law, intellectual property audits. International overview on intellectual property,
international trade mark law, copy right law, international patent law, and international
development in trade secrets law.
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UNIT 1
Introduction to Intellectual Property, types of
intellectual property, international
agencies and treaties, importance of intellectual organizations
1.
Introduction to Intellectual property rights.
Intellectual property (IP) Property Introduction
pertains
artistic, literary, technical, or to any
original creation of the human intellect
to the scientific creation. such as
legal rights given to the Intellectual property rights
certain period of time. inventor or creator to (IPR) refers
protect his invention or creation for a
2.
Types of
intellectual property
Intellectual
and Industrial
mind". The rights which Property Rights are the rights associated with
I am
Copyright going to refer to are: "products of the
Trade Marks
Patents
Trade Secrets
What is intellectual
Intellectual property property?
is an
which is entirely human creation: it is the result
protected only if, and to the of human
creativity
statutory laws protecting such extent, that it comes within
creations. the common law
What Is Intellectual and
Property?
Intellectual property is a
legally protected by a general term for the set of intangible assets owned and
consent. company from outside use or
Stemming from its
provide a firm with implementation without
defining IP as an asset aimsability
to
to
provide it the same competitive advantages,
property. Obtaining such protective rights as physical
protective rights is critical as it
potential competitors-a serious threat in a web-based prevents replication by
technology sector, for example. environment or the mobile
An
organization that owns IP realize value from it in
can
through utilizing it
internally-for its own processes or several ways,
services namely
to provision of
customers -or sharing it externally. The latter can be goods and
legal mechanisms such as achieved through
There is an extensive royalty rights.
international system for
intellectual property
rights, comprising both defining, protecting, and enforcing
multilateral treaty schemes
international organizations. and
Examples of such treaties and bodies
Trade-Related Aspects of Intellectual include the
Property Organization (WIPO), World Property Rights (TRIPs), World Intellectual
Nations Commission Customs Organization
on International (WC0). United
Trade Law (UNCITRAL). World Trade
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filing for a patent, or it could remain

(i.e. Coca-Cola's recipe). closely guarded for the lifetime of the
firm
A trade secret.
by de finition, is proprietary
company or individual uses or to which
or
business-related
intformation that a
deemed a trade secret, the they possess exclusive rights. To be
information must meet several
genuine and not obvious, requirements: that it is
provides the owner with competitive or economic
advantage and thus has value, and is
reasonably protected against disclosure.
Examples of trade secrets include the aforementioned
strategies, tactics, recipes, business methods,
or any other piece of information that
competitive advantage. gives the business a

3. International organizations
World Intellectual
Property Organization (WIPO)
African Regional Intellectual
Property Organization (ARIPO)
Organisation Africaine de la Propriété
Intellectual Property Organization Intellectuelle (OAPI) or African

World Intellectual
Property Organization (WIPO)
WIPO is the global
forum for intellectual
property (IP) services, policy, information and
cooperation. This is a self-funding agency of the United Nations, with 193 member states.
The mission is to lead the
development of a balanced and effective international IP
system that enables innovation and creativity for the
benefit of all. Our mandate,
governing bodies and procedures are set out in the WIPO
WIPO in 1967. Convention, which established

WIPO offers range of global services for

a
protecting intellectual property (1P)
across borders, and for resolving IP disputes outside the courts.
Whether you are a multinational business or an individual, WIPO
services provide
you with fast, efficient and cost-effective
a
route for
trademarks or designs across borders. protecting inventions,
African Regional Intellectual Property Organization (ARIPO)
The African
Regional Intellectual Property Organization (ARIPO) is an inter-
governmental organization (IGO) that facilitates cooperation
among member states in
intellectual property matters. with the
objective of pooling financial and human
resources. and seeking
technological advancement for economic. social, technological.
scientilic and industrial
development.
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Organization (WTO). and European Union (EU). Nonetheless, there are variations
in the respect for and enforcement of rights at a local level.
Copyrights
Copyrights, among the most widely used types of IP, are a form of protection granted to
the authors of original works of authorship, both published and unpublished. A copyright
protects a tangible form of expression (i.e. a book, work of art, or music), rather than the
idea or subject matter itself. In the United States, under the original Copyright Act of
1909. publication was generally the key to obtaining a federal copyright. However, the
Copyright Act of 1976 changed this requirement, and copyright protection now applies to
any original work of authorship immediately from the time that it is ereated in a tangible
form.
Trademarks
Tdemarks are another common type of IP. A trademark, as defined by the U.S. Patent
and Trademark Office
(PTO), is "any word, name, symbol, or device, or any
combination, used. or intended to be used., in commerce to identify and distinguish the
goods of one manufacturer or seller from goods manufactured or sold by others." While it
is not as robust as the international protection regime for copyrights, the Trademark Law
Treaty Implementation Act provides some international protection for U.S.-registered
trademarks.
Patents
A s compared to other types of intellectual property, patents are among the most
valuable, costly, and difficult to obtain. A patent is defined by the PTO as "the
grant of a property right to the inventor," providing the owner the right to
exclude others from making. using. offering for sale, selling, or importing the
invention."
Patentable items may include objects or processes such as new technology or
business methods. but excludes more abstract items such as web sites or ideas.
Sutficient documentation from the applicant coupled with verification of
originality by the PTO is required before the grant can occur, and is then typically
valid for 20 years from the date of application.
Once received. a patent owner may grant licenses to others for use of the
invention or its design and may charge a fee for such usage. Patents are valid only
within the United States. including territories and possessions; however, 130
countries have agreed to honor patents across borders through instruments such as
the Patent Cooperation Treaty (PCT).
Trade Secrets
Any idea or fact that is not diselosed by a business comprises the fourth ty pe of
intellectual property: trade secrets. A trade secret is a unique form of IP in that it
does not have a detined time horizon-an issue could remain secret simply while
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ARIPO was established by the Lusaka Agreement of 1976. It has the

hearappiications for patents and capacity to
registered trademarks in its member states who
areparties to the Harare (patents).
ARIPO is governed
through various organs. These organs are; the Council of
Ministers. Administrative Council, Board of
Appeal and the Secretariat. The
Administrative Council has subsidiary bodies, namely Finance
Committee, Audit
Committee, Staff Affairs Committee and four Technical Committees.
I t comprises Ministers of
governments of ARIPO Member States who are
responsible for the administration of intellectual property laws in their respective
countries. It is the supreme organ of the Organization. The Republic of Malawi is
the current Chairman of the Council of Ministers. The Chairman serves for one
term ot two
years.
The Adnministrative Council is composed of heads of offices responsible for
industrial property and copyriglht in Member States. The Administrative Council
is suberdinate to the Couneil. The Administrative Council has
subsidiary
Committees in place to administer the aflairs of ARIPO. These are; Finance.
Audit. Staff Affairs and Technical Committees.

Organisation Africaine de la Propriété Intellectuelle (OAPI) or African Intellectual

Property Organization
The Organisation Africaine de la Propriété Intellectuelle or OAPI (English: African
Intellectual Property Organization) is an intellectual property organization, headquartered
in Yaoundé. Cameroon. The organisation was created by Bangui Agreement of March 2
1977. The Bangui Agreement was subsequently amended in 1999. Its 17 member states
are mostly French-speaking countries.

Objectives
T o implement and apply common administrative procedure deriving from a
uniform system for the protection of industrial property as well as the provision of
international agreements in this field to which the Member States of the
organisation have acceded and providing services related to industrial property.
T o contribute to the promotion ofthe protection of literary and artistic property as
an expression of cultural and social values.
To encourage the ereation of associations of national authors in those Member
States where such bodies do not exist.
To centralise, coordinate and disseminate information of all kinds relating to the
protection of literary and artistic property and communicating that information to
any state party to the agreement that request for it.
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To promote the economic development of Member States notably by means of

effective protection of ntellectual Property and related rights. To provide
intellectual property training.
T o undertake any other assignment connected with its objective that might be
entrusted to it by the Member States.
4. Agencies and treaties Handling IP
U.S. Govermment Relating to IP

United States Patent and Trademark Office

Copyright Office
United States Court of Appeals for the Federal Circuit
.International Trade Commission
U.S. Customs and Border Protection
Office of the United States Trade
Representative
Among other duties, the USTR negotiates, implements, and monitors intellectual
property provisions of trade agreements. Its website has links to trade agreements
and information by country and regions.
International or Foreign Governments Relating to IP
European Patent Office (EPO)
European Union agency responsible for EU patent application process.
European Union Intellectual Property Office (EUIPO)
EUIPO is European Union agency responsible for registering CTM and RCD
applications.
Patent Cooperation Treaty (PCT)
The PCT provides for filing a patent application in a number of contracting
countries. WIPO administers PCT applications and provides further information.
World Intellectual Property Organization (WIPO)
WIPO, an agency of the UN, promotes cooperation among nations regarding IP.
Its website includes links to treaties, patent and trademark searches, laws, a
directory of IP offices, and statistics. Go to WIPO GOLD for links to WIPO's
searchable databases, http://www.wipo.int/wipogold/en/.
World Trade Organization (WTO)
Includes information about the Trade-Related Aspects of Intellectual Property
Rights (TRIPS) Agreement.

Non-government entities
Internet Corporation for Assigned Names and Numbers (1CANN)
ICANN coordinates domain name system, including providing dispute resolution
policies and procedures.
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Advertising Industry Self-Regulatory Council

ASRC is part of
the
(ASRC)
Better Business Bureau. It reviews
truthfulness and accuracy advertising tor
and provides for alternative
Copyrigh Clearance Center dispute resolution.
Copyright licensing and royalty collection
The American organization for print.
Society for Composers, Authors and Publishers
Copyright licensing and royalty collection organization for music.
Broadcast Music, Inc. (BMI)
Copyright licensing and royalty collection organization for music.
SESAC
Harry Fox
Ageney (HFA)
Copyright licensing and royalty collection organization for music publishers.
PRS

5. MPORTANCE OF INTELLECTUAL PROPERTY RIGHTS

ntellectual property rights are accepted all over the world due to some important reasons.

They were essentially recognized for the acceptations of these rights are:-
Provides incentive to the individual for new creations.
creators and inventors.
Providing due recognition to the
Ensuring the material reward for intellectual property.
Ensuring the availability ofthe original products.
For economic growth and advancement in technology sector protection of
Intellectual property protection is important.
benefited for the growth of the business in the field of technology.
They are