Professional

Practices

“Intellectual
Property Rights”
 Contents
• Intellectual property
• Intellectual property rights
– Copyright
– Designs
– Patents
– Trademarks
 Intellectual Property
• Intellectual property is a category of
property that includes intangible creations
of the human intellect, and primarily
encompasses copyrights, patents, and
trademarks.
• IP rights can be seen as a package.
• Just as the components of a software
combine to form a package, different
rights protects different sub products of a
whole product.
 What does intellectual property
include?
• In the modern context the term intellectual
property, covers the following aspects in the
relevant categories namely:
– Copyright: literary, artistic and scientific
works covering books, journals, magazines,
written articles etc.
– Trademarks: trademarks, merchandise
marks, service marks, commercial names and
designations like logos.
What does intellectual property
include?
– Patents: inventions like a new form of
airplane engine, a floor cleaner, etc.
– Designs: it includes the shape of a bottle,
machine, model of luxury car or any other
product, etc.
 What are intellectual property
rights?
• Intellectual property rights are such rights
which are given to persons who are the
authors or creators of the new and original
literary and artistic works such as books,
articles , other writings ,paintings , musical
compositions, sculpture , films and
computer programs by application of their
creativity process and intellect.
 What are intellectual property
rights?
• IP rights are given to such individuals to
compensate for their suffering during such
creative process and their investments.
• These rights are given for a certain period
of time and after which general public
have the right to freely benefit from them
in their benefit and use.
 NECESSITY OF INTELLCTUAL
PROPERTY RIGHTS PROTECTION
• Intellectual property rights protection is
necessary due to following reasons:
– Encouragement to creativity by ensuring its
reward
– Innovations in technology
– Transfer of technology to less developed nations
and countries of the world
 WORLD INTELLECTUAL
PROPERTY ORGANIZATION
• World Intellectual Property Organization
(WIPO) was established on July 14, 1967
at Stockholm.
 INTELLECTUAL PROPERTY
ESTABLISHMENTS IN PAKISTAN
• All the Intellectual Property Rights laws
in Pakistan are being administered and
managed by three different ministries of
the Federal Government, which are as
under:
– Ministry of Education: the Copyright
Ordinance, 1962.
 INTELLECTUAL PROPERTY
ESTABLISHMENTS IN PAKISTAN
– Ministry of Industries and production:
• The Registered Designs Ordinance, 2000.
• The Registered Layout-Designs of Integrated Circuits
Ordinance, 2000.
• The patents ordinance, 2000.
– Ministry of Commerce:
• the Trade Marks Ordinance, 2001.
• the Merchandise Marks Act, 1889.
 Copyright
• Copyright is a legal right , existing in many
countries, that grants the creator of an
original work exclusive rights to determine
whether, and under what conditions, this
original work may be used by others.
• In simpler terms, copyright is the right to
copy. This means that the original creator of
a product and anyone he gives authorization
to are the only ones with the exclusive right
t o r e p r o d u c e t h e w o r k .
 Copyright
• It protects more items generated by
businesses or individuals than any other
aspect of IP rights.
• It protects the form in which words,
numbers and drawings are laid out.
• It can therefore protect business letters,
manuals, diagrams, computer programs
and different lists for examples of
customers and suppliers.
 Copyright
• Copyright law gives six exclusive rights to
the owner of the copyright
– Copy the work
– Issue copies to the public
– Lend the work to the public
– Perform, play or show the work in the public
– Broadcast the work in the public
– Make an adaptation of the work
 Copyright Works
• Copyright works are the things protected by
copyright law.
• There are nine defined type of works, divided
into three categories.
– Original literary, dramatic, musical and artistic
work
– Sound recordings, films, broadcasts and cable
programs
– The typographical arrangement of published
editions.
• Databases and computer programs are also
protected by copyright laws.
 Who owns copyrights
• Computer generated and computer aided
work
– If a literary, dramatic, musical or artistic work
is computer generated, the author is the
person by whom the arrangements necessary
for the creation of the work are undertaken.
– If a work is computer aided, author of the
work is the person who designs it with the
help of a computer.
 Who owns copyrights
• What happens when author is an
employee?
• When a literary, dramatic, musical or
artistic work is made by an employee in
the course of employment, the employer
is the first owner of any copyright in the
work.
 Infringement of Copyrights
• Infringement is the action of breaking the
terms of a law or agreement.
• There are two categories of infringement
of copyrights
– Primary infringement
– Secondary infringement
 Primary Infringement
• Anyone who performs any of the six acts
that are exclusive for the copyright owner,
without his consent is liable for primary
infringement of copyrights.
• It can be committed entirely innocently so
it is not regulated by criminal law, it
infringes only the civil rights of the owner.
 Primary Infringement
• Actions that comes under the category of
primary infringement are
– Copying
– Home taping
– Adaptation
– Rental right
 Secondary Infringement
• Beside breaching the civil rights of a
copyright owner, secondary infringement
also accounts to a criminal offence
punishable by a fine or imprisonment.
• It is designed to catch those who trade in
and make profit from pirated goods.
 Secondary Infringement
• It occurs when a person
– Imports an infringing copy other than for
private and domestic use
– Possess an infringing copy in the course of a
business
– Sells or let for hire an infringing copy
–Transmits the work by mean of a
telecommunication system
– Involves in indirect infringement.
 THE COPYRIGHT
ORDINANCE 1962
• Any person violating the said ordinance
shall be punishable with imprisonment
which may extend to 3 years or with fine
which may extend to 100,000 rupees- or
with both.
 Design
• What is a design?
– The appearance of a product, in particular,
the shape, texture, color, materials used,
contours and ornamentation. To qualify as a
new design, the overall impression should be
different from any existing design.
• What is a Design Right?
– A design right is an intellectual property right
that protects the visual design of objects.
 Design
• Who owns the design right?
– Typically the creator of the design owns any
rights in it, except where the work was
commissioned or created during the course
of employment, in which case the rights
belong to the employer or party that
commissioned the work.
 Design

Design Rights
Unregistered Registered
Design Design
Rights Rights
 Unregistered Design Rights
• Unregistered design rights protect the shape or
configuration of a marketable (or potentially
marketable) product, and are used to prevent
unauthorized copying of an original design.
Design rights can also be bought, sold or licensed
in a similar manner to copyright.
• Design rights exist independently of copyright,
while copyright may protect documents detailing
the design as well as any artistic or literary work
incorporated within the finished product, the
design right focuses more on the shape,
configuration and construction of a product.
 Registered Design Rights
• A registered design may be applied for to
provide additional cover over and above
any design right or copyright protection
that may exist in the design.
• The benefit of a registered design is that
the design may enjoy prolonged
protection from copying, although this
protection would only be available in
countries or territories where the
application was made.
REGISTERED DESIGNS ORDINANCE,
2000
• A design, may upon application made by
the person claiming to be the proprietor,
is registered under this ordinance in
respect of any article or set of articles
specified in the application.
REGISTERED DESIGNS ORDINANCE,
2000
• Any person violating the said ordinance
shall be punishable with imprisonment for
a term which may extend to 2 years or
with fine which may extend to 20,000
rupees- or with both.
 Patents
• A patent gives the patent-holder the right to stop
others from producing, selling or using his or her
invention.
• Unlike copyrights, patents protect the idea or design
of the invention, rather than any tangible form of the
invention.
• To patent something you have invented , you have to
demonstrate that
– your invention is a significantly original creation
– it is unique enough to distinguish it from existing
inventions
– it is innovative enough that it wouldn't be obvious to
others.
• Patents provide protection for 20 years. After that, the
invention is public property.
 THE PATENTS ORDINANCE,
2000
• Any invention is patentable if it is new,
involves an inventive step and is capable
of industrial application.
 Trade Mark
“Any word, name, symbol, or any
combination, used, or intended to be used,
in commerce to identify and distinguish the
goods of one manufacturer or seller from
goods manufactured or sold by others, and
to indicate the source of the goods. In short,
a trademark is a brand name."
 Trade Mark
• 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 often displayed on
company buildings.
THE TRADEMARKS ORDINANCE,
2001
• A trade mark may be registered in
accordance with the provisions of this
ordinance in respect of:
–goods
–services or
–both goods and services,
 Comparison
Copyright Patents Trade Mark
What’s Protected? Original works of Inventions, such as Any word, phrase,
authorship, such as processes, machines, symbol, and/or design
books, articles, songs, manufactures, that identifies and
photographs, sculptures, compositions of matter distinguishes the source
choreography, sound as well as improvements of the goods of one
recordings, motion to these party from those of
pictures, and other others
works

Requirements to be A work must be original, An invention must be A mark must be

Protected creative and fixed in a new, useful and distinctive (i.e., that is, it
tangible medium nonobvious must be capable of
identifying the source of
a particular good)
20 years For as long as the mark
Author’s life plus 70
Term of Protection is used in commerce
more years

Rights Granted Right to control the Right to prevent others Right to use the mark
reproduction, making of from making, selling and to prevent others
derivative works, using or importing the from using similar marks
distribution and public patented invention in a way that would
performance and display cause a likelihood-of-
of the copyrighted works confusion about the
origin of the goods or
services.