We know that the inventor of a machine, the author of a book, or the writer of the music somehow usually ‘own’ their work. From this ownership, certain consequences flow and you probably have been made aware of the fact that we cannot just copy or buy a copy of their works without consideration of their rights. Equally, original industrial designs of furniture, wallpaper and the like seem naturally to be owned by someone or some organization.
Each time we buy such ‘protected’ items, a part of what we pay goes back to the owner as recompense for the time, money, effort and thought they put into the creation of the work. This has resulted over the years in the development of industries such as the music industry growing worldwide and encouraging new talent to produce more and more original ideas and articles.
The following table suggests some of the things that are entitled to protection as intellectual property under national intellectual property laws and/or various international treaties:
Let’s begin with a more formal definition of intellectual property, so as to build a solid foundation for later explanations of the various types of intellectual property, and then the relevant governing international treaties. The best place to start is with a consideration of the meaning of the word property. The outstanding features that most types of property share are that the owner of the property is free to use it as she/he wishes, provided the use is not against the law, and to exclude others from so using that owned item of property.
Now the term "intellectual property" is reserved for types of property that result from creations of the human mind, the intellect. Interestingly, the term intellectual property in the Convention Establishing the World Intellectual Property Organization, or "WIPO", does not have a more formal definition.
The States that drafted the Convention chose to offer an inclusive list of the rights as relating to:
“Literary artistic and scientific works; performances of performing artists, phonograms, and broadcasts; inventions in all fields of human endeavor; scientific discoveries; industrial designs; trademarks, service marks, and commercial names and designations; protection against unfair competition; and "all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.” For various administrative and historical reasons, intellectual property is usually dealt with under the following main headings:
1) Literary, artistic and scientific works e.g. books. Protection of this property is governed by laws concerning Copyright.
2) Performances, broadcasts e.g. concerts. Protection of this property is governed by laws concerning Copyright's Related Rights.
3) Inventions e.g. a new form of jet engine. Protection of inventions is covered by laws concerning Patents.
4) Industrial designs e.g. the shape of a soft drinks bottle. Industrial Designs may be protected by its own specialized laws, or those of Industrial Property or Copyright.
5) Trademarks, service marks and commercial names and designations e.g. logos or names for a product with unique geographical origin, such as Champagne. Protection is normally available under various laws. In this course the laws are covered within the Trademark.
6) Protection against unfair competition. e.g. false claims against a competitor or imitating a competitor with a view to deceive the customer.
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