Property

Tangible Intangible

Intellectual
Land, Estate,
propgerty
houses land
rights

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Intellectual property (IP):
Creations of the mind, inventions,
literary and artistic works, and
symbols, names, images, and
designs used in commerce
(WIPO)
Intellectual property rights (IPR):
The rights awarded by society to
individuals or organisations
principally over creative works,
inventions, literary and artistic
works, and symbols, names,
images, and designs used in
commerce (UK CIPR, 2002; WTO)
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“Intellectual Property shall include the rights
relating to
› literary, artistic and scientific works,
› performances of performing artists,
phonograms, and broadcasts,
› inventions in all fields of human endeavour
› 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.”
(WIPO Convention)
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 Economic rights of creators
 Commercial exploitation of owner of IP
 Capital expenditure
 Transfer of technology
 Cultural development
 Creation
 Innovation
 Commercialization
 Protection
 Enforcement
 Creation of human mind (Intellect)
 Intangible property
 Exclusive rights given by statutes
 Attended with limitations and exceptions
 Time-bound
 Territorial

CUTS Training Programme 14 Jul 11 7

 These rights grant a person or a firm
control over the use of the product

Enables the holders to determine the

distribution and price of the product

By possessing this right, the creator or the owner can

exclude others from making unauthorised use of their
creation for a certain period granted under the law

The creator or the owner is granted an exclusive right

over the protected products, this in turn provides
material benefits as the incentive for the right-holders.

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 Artistic &
Industrial
literary
property
property

Patents, industrial
designs, trademarks,
geographical Copyrights
indications, and
trade secrets

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Industrial
Property

H:ybrid
sui
generis
systems

Artistic &
literary
property

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 Implications of IPR especially for
developing countries’ economic
development: Cost & Benefit
 Competing norms and tradition relating
to IPR protection

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 Foster economic growth Reduce the ability of

Cost
Benefit

through the increased developing countries to

flow in the transfer of acquire the latest
technology technology
Encourage FDI Reinforce a technology
Facilitate local innovative gap between developed
activities and developing
countries
Stable protection for
foreign investors in Increased royalty
technology-related payments for the use of
sectors developed countries-
owned intellectual
property products
The monopoly nature of
IPR

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 • IPR as individual rights • IPR as collective goods
Society
Western Industrialised

Non-Western Tradition
• Economic justification • Non-material benefits
through material justification for
benefits for protection: protection:
• Creating knowledge • The contribution to
requires high cost society, cultural
investment esteem, rather than
material benefit, as
the driving force for
creativity

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