Intellectual property rights are the legal rights that cover the privileges given to individuals who

are the owners and inventors of a work, and have created something with their intellectual
creativity. Individuals related to areas such as literature, music, invention, etc., can be granted
such rights, which can then be used in the business practices by them. The creator/inventor gets
exclusive rights against any misuse or use of work without his/her prior information. However,
the rights are granted for a limited period of time to maintain equilibrium.

Intellectual property is an intangible creation of the human mind, usually expressed or

translated into a tangible form that is assigned certain rights of property. Examples of
intellectual property include an author's copyright on a book or article, a distinctive logo design
representing a soft drink company and its products, unique design elements of a web site, or a
patent on the process to manufacture chewing gum.

Intellectual property rights (IPR) can be defined as the rights given to people over the creation
of their minds. They usually give the creator an exclusive right over the use of his/her creations
for a certain period of time. Intellectual property (IP) refers to creations of the mind: inventions,
literary and artistic works, and symbols, names, images, and designs used in commerce.
Categories of Intellectual Property One can broadly classify the various forms of IPRs into two
categories:

 IPRs that stimulate inventive and creative activities (patents, utility models, industrial designs,
copyright, plant breeders’ rights and layout designs for integrated circuits) and
 IPRs that offer information to consumers (trademarks and geographical indications) IPRs in
both categories seek to address certain failures of private markets to provide for an efficient
allocation of resources IP is divided into two categories for ease of understanding:

Industrial property, which includes inventions (patents), trademarks, industrial designs, and
geographic indications of source; and

Copyright, which includes literary and artistic works such as novels, poems and plays, films,
musical works, artistic works such as drawings, paintings, photographs and sculptures, and
architectural designs. Rights related to copyright include those of performing artists in their
performances, producers of phonograms in their recordings, and those of broadcasters in their
radio and television programs.

Intellectual property shall include the right relating to:

 Literary, artistic and scientific works;  Performance of performing artists;  Inventions in all
fields of human Endeavour;  Scientific discoveries;  Industrial designs;  Trademarks, service
marks and etc;  Protection against unfair competition.

What is a property? Property designates those things that are commonly recognized as being
the possessions of an individual or a group. A right of ownership is associated with property
that establishes the good as being "one's own thing" in relation to other individuals or groups,
assuring the owner the right to dispense with the property in a manner he or she deems fit,
whether to use or not use, exclude others from using, or to transfer ownership.

Properties are of two types - tangible property and intangible property i.e. one that is physically
present and the other which is not in any physical form. Building, land, house, cash, jewellery
are few examples of tangible properties which can be seen and felt physically. On the other
hand there is a kind of valuable property that cannot be felt physically as it does not have a
physical form. Intellectual property is one of the forms of intangible property which commands
a material value which can also be higher than the value of a tangible asset or property.

TYPES OF INTELLECTUAL PROPERTY The different types of Intellectual Property Rights are: 
Patents  Copyrights  Trademarks Industrial designs  Geographical indications of goods 
Trade Secrets
Trade Mark means a mark capable of being represented graphically and which is capable of
distinguishing the goods or services of one person from those of others and may include shape
of goods, their packaging and combination of colors. Trade mark registration is an effective and
economic way of ensuring your brand is protected. Registration provides a safeguard against
third party infringement and often acts as an effective deterrent against third parties
considering or contemplating infringement. Failure to protect brand may reduce its value, and
could damage your business’ reputation. It is also important to be attentive to the activities of
your competitors. If you suspect or witness your brand being infringed it is best to take action as
soon as possible.

The term of copyright was for the lifetime of the author and 60 years counted from the year
following the death of the author Copyright law is designed to protect interests and balance the
rights of the following stake holders  Authors/ Creators  Publishers/ Entrepreneurs  Users
/Audiences.

NEED FOR COPYRIGHT:  It gives you the exclusive right to reproduce or copy the work or
change its form.  Registration informs the world that you own the work  If you succeed in an
infringement suit, you are entitled to money damages.

What can be protected under Copyright? Literary, Dramatic, Artistic, Musical, Cinematographic,
Photographic and Sound Recording works. Literary works such as novels, poems, plays,
reference works, newspapers and computer programs; databases; films, musical compositions,
and choreography; artistic works such as paintings, drawings, photographs and sculpture;
architecture; and advertisements, maps and technical drawings.
A patent is a special right given by the government to an inventor for creating something new. It
allows the inventor to stop others from making, using, or selling the invention without
permission. This exclusive right usually lasts for 20 years from the date the patent is filed. In
exchange for these rights, the inventor must explain the invention clearly to the public so that
others can understand it and use the knowledge once the patent expires. The purpose of the
patent system is to reward inventors for their creativity while also sharing new ideas with
society to encourage further innovation.

A trade secret is any important and valuable business information that a company wants to
keep hidden from its competitors. It can be anything — like recipes, marketing plans, customer
lists, financial forecasts, or special ways of doing business. The information does not have to be
very complicated or unique; even something simple can be a trade secret if it helps the business
stay ahead of others and is not already widely known. Protecting trade secrets is important
because, without protection, companies would not want to spend time and money on new
ideas that could help the public. Unlike trademarks, copyrights, and patents, there is no formal
national law or registration system for trade secrets. Instead, they are protected by state laws
and private agreements between people or businesses.

Intellectual Property Crimes:

IPC refers to all activities that involve infringement, counterfeiting, piracy of products and
services for profit without. It also includes misappropriation, misrepresentation, cybercrimes,
corruption and bribery, and espionage. The cost of intellectual property crimes to industry
and nations is huge.
Technological advances have made these crimes grow like a wild fire in the past decade by
making committing these crimes a lot easier and making the field of crimes global, in the
process making the threat of apprehension less. Technology has also increased these crimes
by making the costs of making duplicated products low and easy to make.

AGENCIES RESPONSIBLE FOR IPR REGISTRATIONS IN PAKISTAN: Answer yourself

1. Discuss the problems faced by software developers trying to apply for protection under
trade secret statutes.
2. Why is it difficult to apply patent laws to software?
3. Is it possible to trademark software?
4. Discuss the ethical and legal issues surrounding software ownership
5. Has the Internet made software protection easier or more difficult? Why or why not?
6. There is a movement (that includes hackers) that is advocating for free software! Discuss
the
7. merits of this idea, if any.
8. Because of income disparities between different countries, and haves and have-nots, fair
pricing of computer products is impossible. Discuss.
9. Most copyright violations are found in developing, usually, poor countries. Why?
10. Does the high price of software marketing in developing countries justify the high rate of
software piracy in those countries? Why?
11. What do you think is the cause of the rising cost of software?

12. Discuss the process of Intellectual Property registration in Pakistan

13. Explain the compliance and liability issues of Intellectual Property Rights.
14. Narrate how selecting, evaluating and registration of trademarks take place.
15. What is copyright? What is originality of material in copyright works? What are the
rights granted under copyright law?
16. Give an overview on international intellectual properties with a focus on trade mark law
and copyright law.
17. Write a short note on a) Unfair competition. b) Ownership transfer.