Introduction to Intellectual Property Rights and Patent System

Intellectual Property:

Intangible property that is the result of creativity, such as patents, copyrights, etc.

Intangible: unable to be touched; not having a physical presence.

Patents: A government authority or license conferring a right or title for a set period, especially the sole right to exclude others from making, using, or selling an invention.

Conferring: Granting (a title, degree, benefit, or right).

Sole Right: Self-right, functioning automatically or with independent power.

Sole: The undersurface of a person's foot.

Patents:

A patent is a set of exclusive rights granted by a sovereign state or intergovernmental organization to an inventor or assignee for a limited period of time in exchange for detailed public disclosure of an invention. An invention is a solution to a specific technological problem and is a product or a process.

Disclosure: The action of making new or secret information known, a fact, especially a secret that is made known, revelation, declaration and announcement.

Assignee: A person to whom a right or liability is legally transferred.

Liability: The state of being legally responsible for something.

Synonyms:
accountability, responsibility, legal responsibility, answerability.

Sovereign state: That possesses full sovereignty over its affairs, existence, and territory and is complete in itself.

Sovereign: a supreme ruler, especially a monarch.

Intergovernmental organization:  An intergovernmental organization or international governmental organization (IGO) is an organization composed primarily of sovereign states (referred to as member states), or of other intergovernmental organizations. Intergovernmental organizations are called international organizations, although that term may also include international non-governmental organization such as international nonprofit organizations or multinational corporations.

Patent Right: “The exclusive right conferred by a patent.”

Infringe: Actively break the terms of (a law, agreement, etc.).

Synonyms:  contravene, violate, transgress, break, breach.

What is a patent? (Reference: WIPO)

A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problem. To get a patent, technical information about the invention must be disclosed to the public in a patent application.

The patent owner may give permission to, or license, other parties to use the invention on mutually agreed terms. The owner may also sell the right to the invention to someone else, who will then become the new owner of the patent. Once a patent expires, the protection ends, and an invention enters the public domain; that is, anyone can commercially exploit the invention without infringing the patent.

What is Copyright?

Copyright laws grant authors, artists and other creator’s protection for their literary and artistic creations generally referred to as “works”. Works covered by copyright include, but are not limited to: novels, poems, plays, reference works, newspapers, advertisements, computer programs, databases, films, musical compositions, choreography, paintings, drawings, photographs, sculpture, architecture, maps and technical drawings.

What is a trademark?

A trademark is a distinctive sign that identifies certain goods or services produced or provided by an individual or a company.

What is an Industrial Design?

An industrial design refers to the ornamental or aesthetic aspects of an article. A design may consist of three-dimensional features, such as the shape or surface of an article, or two-dimensional features, such as patterns, lines or color. Industrial designs are applied to a wide variety of industrial products and handicrafts: from technical and medical instruments to watches, jewelry and other luxury items; from housewares and electrical appliances to vehicles and architectural structures.

What is a Geographical Indication?

A geographical indication is a sign used on goods that have a specific geographical origin and possess qualities or a reputation due to that place of origin. Most commonly, a geographical indication consists of the name of the place of origin of the goods. Agricultural products typically have qualities that derive from their place of production and are influenced by specific local geographical factors, such as climate and soil. Whether a sign functions as a geographical indication is a matter of national law and consumer perception. Geographical indications may be used for a wide variety of agricultural products, such as, for example, “Tuscany” for olive oil produced in a specific area of Italy, or “Roquefort” for cheese produced in that region of France. The use of geographical indications is not limited to agricultural products. They may also highlight specific qualities of a product that is due to human factors found in the product’s place of origin, such as specific manufacturing skills and traditions. The place of origin may be a village or town, a region or a country. An example of the latter is “Switzerland” or “Swiss”, perceived as a geographical indication in many countries for products made in Switzerland and, in particular, for watches.