Intellectual Property Day

What were you doing on April 26? Anything nice? Anything memorable? This is the day that is observed yearly as World Intellectual Property Day. It was on this day in 1970 that the convention establishing the World Intellectual Property Organisation (WIPO) came into force.The WIPO convention was signed in Stockholm, Sweden, on July 14, 1967, and was subsequently amended in 1979.

The WIPO is an intergovernmental organisation that became one of the specialised agencies of the United Nations (UN) system in 1974. Its origins can be traced to 1883 and 1886, when the Paris Convention for the Protection of Industrial Property and the Berne Convention for the Protection of Literary and Artistic Works provided for the establishment of ‘international bureaus’. In 1893, the two bureaus were amalgamated to form the WIPO, the tagline of which was: ‘To lead the development of a balanced and effective international IP system that enables innovation and creativity for the benefit of all’.

The WIPO’s activities include hosting forums to discuss and shape international IP rules and policies; providing global services that register and protect IP in different countries; resolving transboundary IP disputes; helping connect IP systems through uniform standards and infrastructure; serving as a general reference database on all IP matters; and providing reports and statistics on the state of IP protection or innovation, both globally and in specific countries.

The obvious question is: What is IP? In essence, IP comprises creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce. IP is protected in law by means of patents, copyright and trademarks, which, essentially, enable the inventors to earn recognition or financial benefit from what they invented or created. Thus, by striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment where creativity and innovation can flourish. The World Customs Organisation and WIPO closely cooperate in promoting the effective use and protection of IP worldwide.

Let us briefly explore the various types of IP.

A patent is an exclusive right granted for an invention. Generally speaking, a patent provides the patent owner with the right to decide how – or whether – the invention can be used by others. In exchange for this right, the patent owner makes technical information about the invention publicly available in the published patent document.

A copyright is a legal term used to describe the rights that creators have over their literary and artistic works. Works covered by copyright range from books, music, paintings, sculpture and films to computer programs, databases, advertisements, maps and technical drawings.

A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks date back to ancient times, when artisans used to put their signature, or ‘mark’, on their products.

An industrial design constitutes the ornamental or aesthetic aspect of an article. A design may consist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or colour.

Geographical indications, or GIs, and appellations of origin are signs used on goods that have a specific geographical origin and possess qualities, a reputation or characteristics that are essentially attributable to that place of origin. Most commonly, a GI includes the name of the place of origin of the goods.

Trade secrets are IP rights on confidential information which may be sold or licensed. The unauthorised acquisition, use or disclosure of such secret information in a manner contrary to honest commercial practices by others is regarded as an unfair practice and a violation of the trade secret protection.