INTELLECTUAL PROPERTY RIGHTS

Unit 11
INTRODUCTION
Intellectual property (IP) is a term referring to creation of the intellect (the term used in studies of the
human mind) for which a monopoly (from greek word monos means single polein to sell) is assigned to
designated owners by law. Some common types of intellectual property rights (IPR), in some foreign
countries intellectual property rights is referred to as industrial property, copyright, patent and
trademarks, trade secrets all these cover music, literature and other artistic works, discoveries and
inventions and words, phrases, symbols and designs. Intellectual Property Rights are themselves a form
of property called intangible property. Although many of the legal principles governing IP and IPR have
evolved over centuries, it was not until the 19th century that the term intellectual property began to be
used and not until the late 20th century that it became commonplace in the majority of the world.
TYPES OF INTELLECTUAL
PROPERTY
The term intellectual property is usually thought of as comprising four separate legal fields:
1. Trademarks
2. Copyrights
3. Patents
4. Trade secrets
1. TRADEMARKS AND SERVICE
MARKS:
A trademark or service mark is a word, name,
symbol, or device used to indicate the source,
quality and ownership of a product or service. A
trademark is used in the marketing is recognizable
sign, design or expression which identifies
products or service of a particular source from
those of others. The trademark owner can be an
individual, business organization, or any legal
entity. A trademark may be located on a package, a
label, a voucher or on the product itself. For the
sake of corporate identity trademarks are also
being. In addition to words, trademarks can also
consist of slogans, design, or sounds. Trademark
provides guarantee of quality and consistency of
the product or service they identify. Companies
expend a great deal of time, effort and money/ in
establishing consumer recognition of and
confidence in their marks.
HOW TO REGISTER A TRADEMARK
IN NAMIBIA
Step 1: Preliminary Search
The first step is to conduct a preliminary search to ensure that your proposed trademark isn't similar or
identical to an existing one. The Business and Intellectual Property Authority (BIPA) of Namibia provides a
database for this search. Access the database at this link: [Link]
Step 2: Application
If the search does not reveal any conflicting trademarks, you can proceed to file an application with the BIPA.
The application must include a clear representation of the trademark and a list of goods or services that will be
covered by the trademark.
Step 3: Examination by BIPA
After receiving the application, BIPA will examine it to ensure that it complies with the requirements of the
Trademark Law. BIPA will also determine whether the trademark can be registered or if it infringes upon any
existing trademarks.
Step 4: Publication
Once the application passes the examination, BIPA will publish the application in the Government Gazette.
This is to give third parties the opportunity to oppose the registration of the trademark. The opposition period
lasts for 60 days from the date of publication.
HOW TO REGISTER A TRADEMARK
IN NAMIBIA
Step 5: Registration
If no opposition is filed, or if any opposition is resolved in favor of the applicant, BIPA will proceed with
the registration of the trademark. The applicant will then receive a certificate of registration.
Costs:
The official fee for filing a trademark application is approximately NAD 590 (as of 2022). If the
application is successful, there is an additional fee for the issuance of the registration certificate. Please
note that these fees are subject to change and it's recommended to check the latest fees on the BIPA
website.
Time-frame:
The entire process, from application to registration, usually takes between 12 to 18 months, provided that
there are no objections or oppositions.
Website Links:
Business and Intellectual Property Authority (BIPA): [Link]
 2. COPYRIGHTS
Copyright is a form of protection provided by U.S. law The owner of a copyright has the right to
(17 U.S.C 101 et seq) to the authors of "original works of reproduce the work, prepare derivative
authorship" fixed in any tangible medium of expression. works based on the original work (such as
The manner and medium of fixation are virtually a sequel to the original), distribute copies of
unlimited. Creative expression may be captured in the work, and to perform and display the
words, numbers, notes, sounds, pictures, or any other work. Violations of such rights are
graphic or symbolic media. The subject matter of protectable by infringement actions.
copyright is extremely broad, including literary, Nevertheless, some uses of copyrighted
dramatic, musical, artistic, audiovisual, and architectural works are considered “fair use” and do not
works. Copyright protection is available to both constitute infringement, such as use of an
published and unpublished works. Copyright protection insignificant portion of a work for
is available for more than merely serious works of fiction noncommercial purposes or parody of a
or art. Marketing materials, advertising copy and
cartoons are also protectable. Copyright is available for
copyrighted work. Definition: General
original working protectable by copyright, such as titles, Definition of copyright “Copyright owner”,
names, short phrases, or lists of ingredients. Similarly, with respect to any one of the exclusive
ideas methods and processes are not protectable by rights comprised in a copyright, refers to
copyright, although the expression of those ideas is. the owner of that particular right.
Copyright protection exists automatically from the time a
work is created in fixed form.
 2. COPYRIGHTS

Namibia has 2 international copyright agreements, and is a member country of The Berne Convention for
Copyright.
The Copyright Index operates in Namibia under international copyright agreements, and is recognised in
countries all around the world as a copyright authority providing official copyright registration.
 3. PATENTS
A patent for an invention is the grant of a property right to the inventor, issued by the United States
Patent and Trademark Office. Generally, the term of a new patent is 20 years from the date on which the
application for the patent was filed in the United States or, in special cases, from the date an earlier
related application was filed, subject to the payment of maintenance fees. U.S. patent grants are effective
only within the United States, U.S. territories, and U.S. possessions. Under certain circumstances, patent
term extensions or adjustments may be available. The right conferred by the patent grant is, in the
language of the statute and of the grant itself, “the right to exclude others from making, using, offering
for sale, or selling” the invention in the United States or “importing” the invention into the United States.
What is granted is not the right to make, use, offer for [Link] [Link]
[Link] [Link] [Link] Madhavi, Assistant Professor, Dept. of MBA Page 4 sale, sell
or import, but the right to exclude others from making, using, offering for sale, selling or importing the
invention. Once a patent is issued, the patentee must enforce the patent without aid of the USPTO. There
are three types of patents: Utility patents may be granted to anyone who invents or discovers any new
and useful process, machine, article of manufacture, or composition of matter, or any new and useful
improvement thereof; Design patents may be granted to anyone who invents a new, original, and
ornamental design for an article of manufacture; and Plant patents may be granted to anyone who
invents or discovers and asexually reproduces any distinct and new variety of plant. If you can
reproduce your plant by means other than by seeds, such as cutting or grafting the plant, that's asexual
reproduction. A plant patent requires asexual reproduction because it proves the applicant can duplicate
the plant.
 3. PATENTS
The Namibian Industrial Property Act recognizes Namibia’s obligations in terms of international treaties
including: the Patent Co-Operation Treaty (PCT), ARIPO, Madrid Agreement and the Hague Agreement.
A patent is an exclusive right granted for an invention, which invention is a specific product or process
that provides a new way of doing something or offers a new technical solution to a problem. The
proposed patent is available for registration provided that the invention is new, involves an inventive
step and is industrially applicable.
A patent registered for an invention grants a right to the inventor. This right excludes others from
making, using, offering for sale, or selling the invention. The right to a patent may be assigned, or
transferred either by succession or operation of law. In Namibia, patents are valid for a period of 20 years
after the filing date. Annual maintenance fees should be paid in order to ensure the validity of the patent.
In Namibia, the Patent may be converted to a Utility Model.
3. PATENTS
 4. TRADE SECRETS
A trade secret consists of any valuable business information. The business secrets are not to be known by
the competitor. There is no limit to the type of information that can be protected as trade secrets; For
Example: Recipes, Marketing plans, financial projections, and methods of conducting business can all
constitute trade secrets. There is no requirement that a trade secret be unique or complex; thus, even
something as simple and nontechnical as a list of customers can qualify as a trade secret as long as it
affords its owner a competitive advantage and is not common knowledge. If trade secrets were not
protectable, companies would no incentive to invest time, money and effort in research and development
that ultimately benefits the public. Trade secret law thus promotes the development of new methods and
processes for doing business in the marketplace. Protection of Trade Secrets: Although trademarks,
copyrights and patents are all subject to extensive statutory scheme for their protection, application and
registration, there is no federal law relating to trade secrets and no formalities are required to obtain
rights to trade secrets. Trade secrets are protectable under various state statutes and cases and by
contractual agreements between parties. For Example: Employers often require employees to sign
confidentiality agreements in which employees agree not to disclose proprietary information owned by
the employer.
 4. TRADE SECRETS
If properly protected, trade secrets may last forever. On the other hand, if companies fail to take
reasonable measures to maintain the secrecy of the information, trade secret protection may be lost. Thus,
disclosure of the information should be limited to those with a “need to know” it so as to perform their
duties, confidential information should be kept in secure or restricted areas, and employees with access
to proprietary information should sign nondisclosure agreements. If such measures are taken, a trade
secret can be protected in perpetuity. Another method by which companies protect valuable information
is by requiring employee to sign agreements promising not to compete with the employer after leaving
the job. Such covenants are strictly scrutinized by courts, but generally, if they are reasonable in regard to
time, scope and subject matter, they are enforceable.
4. TRADE SECRETS
THE INCREASING IMPORTANCE OF INTELLECTUAL
PROPERTY RIGHTS
1. Protecting Intellectual Property Rights.
2. Technology has led to increase awareness about the IP.
3. Some individuals and companies offer only knowledge. Thus, computer consultant, advertising
agencies, Internet companies, and software implementers sell only brainpower.
4. Domain names and moving images are also be protected.
5. More than fifty percent of U.S. exports now depend on some form of intellectual property
protection.
6. The rapidity with which information can be communicated through the Internet has led to
increasing challenges in the field of intellectual property.
7. The most valuable assets a company owns are its Intellectual property assets Companies must act
aggressively to protect these valuable assets from infringement (breaching, violation of law) or
misuse by others.
8. The field of intellectual property law aims to protect the value of such investments.