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What is Intellectual Property?

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Definition
Intellectual property (IP) is the name given
to property arising out of human
intellectual effort.

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The output of human
intellectual effort often
manifests itself as new
or original knowledge or
creative expression
which adds a desirable
quality to a marketable
product or service.
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Various elements provide intellectual output
with attributes that, in one way or another,
enhance the quality of life.

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These elements may be called

► human endeavour,

► ingenuity,

► creativity,

► inventiveness,

► flash of inspiration,

► sudden insight, or

► new insight into observed facts.

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► These Elements may involve in

■ solving a technical problem in making something

with more desirable functional qualities, or

■ result in creating something aesthetically

pleasing, to satisfy a human need or want, be it
sensory, social, cultural, mental, spiritual or
religious.

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Intellectual property refers to creations of the mind:

► Inventions,

► literary,

► Artistic works,

► Designs used in commerce,

► Symbols,

► Names,

► Images.

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Characteristics of IP
► A key characteristic of any property is that

the owner of property has the exclusive

authority to determine how that property is
used.

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Intellectual Property
Physical Property
(Intangible or
(Tangible or Material)
Immaterial)

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Intellectual Property
Physical Property
(Intangible or
(Tangible or Material)
Immaterial)

In both the
case the
owner has
exclusive
right to
determine
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Intellectual Property
Physical Property
(Intangible or
(Tangible or Material)
Immaterial)

Can only be used Can be used by

by one or a various people at
limited number of the same time
people at a given (including the
time. owner or creator).

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Intellectual Property
Physical Property
(Intangible or
(Tangible or Material)
Immaterial)
Has economic Has economic
value as long as it value only for the
exists or as long duration specified
as there is in the laws and as
demand for it. long as there is
demand for it.

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Intellectual Property
Physical Property
(Intangible or
(Tangible or Material)
Immaterial)
Possibility of theft Greater possibility
and disputes of theft and
concerning disputes concerning
ownership is rather ownership.
limited.

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Intellectual Property
Physical Property
(Intangible or
(Tangible or Material)
Immaterial)

Theft occurs only Theft occurs if the

if the possession property is copied,
of the property imitated, adapted,
changes hands. translated, used,
displayed, etc.
without permission
of the owner or
creator.

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Intellectual Property
Physical Property
(Intangible or
(Tangible or Material)
Immaterial)

In both the
cases
Expenditure
or income
from the
property may
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Intellectual Property
Physical Property
(Intangible or
(Tangible or Material)
Immaterial)

Both the
properties
May be
valued and
reflected on
account
books and
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Intellectual Property
Physical Property
(Intangible or
(Tangible or Material)
Immaterial)

Both the
properties
May be
securitized
and used as
collateral for
borrowing
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Intellectual Property
Physical Property
(Intangible or
(Tangible or Material)
Immaterial)

Both the
properties
May be
insured.

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Intellectual Property

Industrial Property Copyright

Patents Literary Works

Trade Mark Artistic Works

Industrial Designs

Trade Secrets

Geographic Indications
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Patents
A patent is an exclusive right granted for an
invention, which is a product or a process that
provides a new and non-obvious way of doing
something, or offers a new and non-obvious
technical solution to a problem.

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Trade Mark

A trademark is a sign or any combination of

signs, capable of distinguishing a product or
service from other products or services on
the market.

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Industrial Designs
An industrial design (or simply a design) is
the appearance of the whole or part of a
product resulting from features of, in
particular, the lines, contours, colours,
shape, texture and/or materials of the
product itself and/or its ornamentation.

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Trade Secrets
Trade secrets or confidential business information
are any information that can be used in the
operation of a business and that is sufficiently
valuable and secret to afford economic advantage
over others.

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Geographic Indications
A geographical indication is a sign used on goods that
have a specific geographical origin and possess qualities
or reputation that are due to their place of origin.

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Copyright

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Copyright describes a bundle of rights
given to creators in relation to their literary
and artistic works. It protects items such as
paintings, drawings, sculptures,
photographs, architecture, instruction
manuals, software, databases, technical
documentation, advertisements, maps,
literary works, music, films or songs.

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One Product, Many IP Rights

A single product may be protected by a

variety of different IP rights e.g. CD Player.

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CD Player
► The innovative technical features of the product

are protected by a series of PATENTS.

► The embedded computer programme controlling

the operations are protected by COPYRIGHTS.

► The aesthetic design of CD Player can be protected

by INDUSTRIAL DESIGN.

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CD Player
► The Brand used to market it can be protected as a

TRADEMARK.

► In addition, the manufacturers probably hold a

numbers of TRADE SECRETS ranging from their

customer list to some of manufacturing processes or
to other confidential information that they would not
want to disclose to the competitors.

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CD Player
► In addition, the inventors of CD chose to grant the
authorization (or LICENCE) to a number of companies to use the
CD technology in exchange of Payment, thus acquiring additional
income from the LICENCE.

► The inventors of innovative products can obtain exclusivity to

use, or prohibit others from using, each one of this elements
through IP Protection.

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