Intellectual Property Rights (IPRs) are legal rights granted to inventors and creators for a specific duration. Protected subject-matters include inventions, brands, designs, biological materials and creative expressions. IPRs overlap; a product may be covered by a series of IPRs. Take the Apple iPhone which revolutionised the mobile phone industry as an example. The names ‘Apple’ and ‘iPhone’ are protected by trademarks, the design of the phone is protected by industrial designs, images and user-manuals are copyrighted, while the fingerprint touch ID is patented.
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) provides minimum IPRs standards for all World Trade Organisation (WTO) members. Yet, IPRs are territorial. In other words, WTO members may design and introduce varying IPRs systems. Inventors or creators have to apply for IPRs in each country they want protection. However, there are international/regional agreements or intergovernmental organisations that facilitate registration in two or more countries simultaneously. For instance, the Patent Cooperation Treaty (PCT) provides a unified international procedure for filing patent applications, while the European Patent Office (EPO), the African Intellectual Property Organisation (OAPI) and the African Regional Intellectual Property Organization (ARIPO) grant regional patents.
Categories of Intellectual Property Rights
IPRs are broadly divided into three categories – copyright (and related rights), industrial property and sui generis (unique) rights. Copyright and related rights protect creative expressions, industrial property includes patents, trademarks, industrial designs, geographical indications and trade secrets, while sui generis rights are special/unique IPRs such as plant variety rights and layout designs of integrated circuits.
Copyright and Related/Neighbouring Rights
Copyright and related/neighbouring rights protect creative expressions including: artistic works (such as photographs, paintings, drawings and sculptures), literary works (such as books, novels, poems and plays), musical creations, films, choreography, architectural designs, computer software programs and databases. While related/neighbouring rights protect performances, sound recordings and broadcasts. The copyrights and related/neighbouring rights are automatically conferred on the author immediately the work is created; there is no formal requirement for registration. Nonetheless, to help resolve disputes, some countries permit optional registration and deposit of copyrighted works. Copyrights commence immediately the work is created and lasts until 50 to 70 years after the creator’s death, depending on the jurisdiction.
Industrial Property
Patents are exclusive rights granted to protect inventions – either products or processes- providing novel, innovative or technical solutions. As opposed to copyrights which are automatically conferred, inventors have to apply for patents. Applicants are required to provide full technical information of the invention while filing. However, the technical information becomes publicly available at the end of the patent duration. Patents are usually granted for a period of 20 years, starting from the filing date.
Trademarks are distinct signs, symbols, logos, pictures, slogans, colours, drawings and combination of words or letters that distinguish goods and services. Trademark protection grants the holder exclusive rights both to use the marks and to authorise others to use the marks in return for an agreed payment. In addition, a trademark holder has the right to prevent others from using similar marks if it could confuse the public. Like patents, trademarks have to be applied for. Still, trademarks are popular in the business world because they promote brand identification. Although trademarks may be granted for a specific duration, they can be renewed indefinitely provided the required fees are paid.
Industrial designs protect the aesthetic, ornamental and visual features of a product. A design can be expressed in two-dimensional or three-dimensional formats. Designs enhance the commercial appeal of wide range of products in the industrial, manufacturing, textile, creative and artistic industries. Industrial designs are usually protected for a period of 5 to 10 years, and can be renewed for up to 25 years depending on the jurisdiction.
Geographical indications protect products which possess certain reputation, qualities or characteristics peculiar to a particular geographical origin. Geographical indications are mostly used in the agricultural, food and creative industries. They not only provide an opportunity to commercialise geographically unique products, but also inform and attract consumers. Examples of geographical indication include Darjeeling tea grown in the Darjeeling district of West Bengal, India and Pinggu peaches grown in the Pinggu district north of Beijing, China. Registrations for geographical indications are usually not subject to a specific period of validity. Therefore, a registered geographical indication remains valid until it is cancelled.
Trade secrets consist of sensitive information that businesses would not want competitors to be aware about. The information could be technical, commercial or financial, ranging from simple facts to complex ingredients, designs and formulas. Trade secrets do not require registration (the fewer people that know, the better) and can last forever, provided the confidentiality is kept. An example of a trade secret is the ingredients of the Coca-Cola drink.
Sui Generis Rights
Plant variety rights are an example of sui generis rights granted to protect new varieties of plants. This protection is available to all plant species including agricultural, horticultural and ornamental plants. Reflecting flexibility, there are no fixed template for plant variety rights. The rights are usually granted for 15 to 30 years, depending on the jurisdiction.
Concluding remarks…
As the human mind is replete with imaginations, IPRs are constantly contoured to cover evolving forms of inventions and expressions. IPRs now extend to emerging technologies including nanotechnology, big data and artificial intelligence.
