Intellectual Property Code

1. Copyright- Confined to literary or artistic works which are orginal

creations in the literary or artistic domain. It is protected from the
moment of their creation
a) This includes
i. Books
ii. Drawings
iii. Paintings
iv. Sculptures
v. Musical compositions
vi. Photographic works
b) Commissioned work
i. The work itself is owned by the person commissioning.
ii. Copyright is still with the creator.

2. Patentable Inventions- any technical solution of a problem in a field of

human activity which is new, involves an inventive step and is
industrially applicable
a) No patent, no protection
b) First to file rule

3. Trademark- any visible sign capable of distinguishing the goods or

services of an enterprise and shall include a stamped or marked container
of goods.
a) Dominancy Test- focuses on the similarity of the main, essential,
features of a mark
 b) Holistic Test- mandates that the entirety of the marks in
questioned must be considered in determining confusing
similarity

Infringment- reproduction or colourable imitation of a registered mark or

a dominant feature thereof and application of such reproduction or
imitation of labels, intended to be used in commerce. There is a
likelihood to cause confusion or mistakes in the mind of the public or
deceive purchasers.