Intellectual Property

Definition and Scope: IP refers to the creations of the mind in

the fields on inventions, literary and artistic works, scientific
works, symbols, names and images used in industry, commerce
& communications areas.

Importance of Intellectual Property:

IP is created by most companies, whatever business they are

involved in. Actually IP is considered as their most important
assets. IP contributes enormously to the national and provincial
economies. Many industries rely on the adequate enforcement of
their patents, trademarks, and copyrights. Accordingly
consumers use IP to ensure they are purchasing safe and
qualitative products. Thus, by protection of IP the creators of it
manage these assets to reap the most from their investment. It
also enhances the bargaining power, and can take benefit
through license in return for royalty payments. This enhances
the market value and increase future profit of an organization. In
gist the importance of IP in the current business can be listed as
follows:

1. IP creates and supports High paying jobs.

2. IP drives economic growth and competitiveness.
3. Strong and enforced IP rights protect consumers and
families by making the property reliability, safety,
effectiveness.
 4. IP helps to generate breakthrough solutions to global
challenges. Like new medicines, techniques,
pharmaceuticals industry.
5. IP rights encourage innovation and reward entrepreneurs.

Intellectual Property is divided mainly into two categories such

as industrial property and copyright and related rights.

In the modern world, new fields of IP are also emerging that

cover traditional knowledge, genetic resources geographical
indications etc.

However, general IP includes patent for invention, industrial

design, integrated circuits, utility models, trademarks etc.

Copyright:

Copyright is legal term that describes the right given to the

creators of a broad range of literary & artistic works. It is a
protection system that covers published and unpublished works,
whatever the form of expression provided such works are fixed
in a tangible or material form. Copyright provides exclusive
rights to the creators to use or to authorize to use their works.
The definition of copyright may differ from country to country
according to the country’s legislation.

However, the basic concepts remain almost the same and

consists largely the provisions of International Treaties and
Convention as the TRIPS (Trade-Related Aspects of
Property/Intellectual Property) agreement, The Berne
Convention, the Rome convention & other relevant conventions.

In the Nepalese context, the existing Copyright Act, 2002

provides the exclusive rights to the creators/authors on their
creations. Copyright is the legal protection extended to the
owners of the rights in an original work which they have
created. Copyright includes moral and economic rights which
are the exclusive rights protected by law.

Copyright includes:
a. Literary works: Novels, stories and poetical works, text books,
articles, essays and biographies, Encyclopedias and dictionaries,
letters, reports, tables, thesis and pamphlets.
b. Artistic works: Paintings, sculptures, drawings, photographs,
works of architecture, work of craftsmanship.
c. Musical works: composing, music, songs.
d. Dramatic and choreographic works,
e. Audio visual works, film and multimedia.
f. Computer program etc.

Thus copyrights based industries refers to the industries engaged in

creation, production or manufacturing, performance, broadcasting,
communication, exhibition, publication, distribution. On the basis
of nature of the products and services the copyright industries can
be listed as following groups:

i. Core copy right industries:

 Press and literature music, production and operas.
 Motion pictures and video
  Radio and television
 Photography
 Software and databases
 Visual and graphic arts
 Advertising services

ii. Independent industries:
 T.V sets, Radios, VCRs, media players, electronic game
equipments.
 Computers and equipments
 Musical instruments
 Photographic and cinematographic instruments
 Photocopiers
 Blank recording materials
iii. Partial copyright industries:
Coins, jewelry, textile, furniture, carpets, toys/games,
architecture, engineering, surveying, museums

Some popular Intellectual Properties:

Trademarks: The agreement defines what types of signs must be

eligible for protection as trademarks, and what the minimum rights
must be conferred on their owners.

Geographical indications: A place name is sometimes used to

identify a product. This ‘geographical indication’ does not only say
where the product was made, it also identifies the product’s special
characteristics, which are the result of the product’s origin. E.g.
 Karuwa (Palpa) Yarsha gumba herbs of Himalayan region, Scotch,
Himalayan spring water.

Industrial designs: Under the TRIPS agreement, industrial designs

must be protected for at least 10 years, Owners of the protected
designs must be able to prevent the manufacture, sale, or
importation of articles bearing or embodying a design which is a
copy of the protected design.

Patent: The agreement says patent protection must be available for

inventions for at least 20 years. The agreement describes the
minimum rights that a patent owner must enjoy.

Integrated circuits layout designs: The basis for protecting

integrated circuit designs ( topographies) in the TRIPS agreement.

Technological transfer: Developing countries in particular, see

technology transfer as part of the bargain in which they have
agreed to protect intellectual property rights.

WIPO

What is WIPO?

WIPO is the global forum for intellectual property (IP) services, policy,
information and cooperation. We are a self-funding agency of the United Nations,
with 193 member states.

Our mission is to lead the development of a balanced and effective international IP

system that enables innovation and creativity for the benefit of all. Our mandate,
governing bodies and procedures are set out in the WIPO Convention, which
established WIPO in 1967.
What we do

We help governments, businesses and society realize the benefits of IP.

We provide:

 a policy forum to shape balanced international IP rules for a changing world;

 global services to protect IP across borders and to resolve disputes;

 technical infrastructure to connect IP systems and share knowledge;

 cooperation and capacity-building programs to enable all countries to use IP

for economic, social and cultural development;

 a world reference source for IP information

The World Intellectual Property Organization (WIPO) is one of the 15

specialized agencies of the United Nations (UN). Pursuant to the 1967 Convention
Establishing the World Intellectual Property Organization, WIPO was created to
promote and protect intellectual property (IP) across the world by cooperating with
countries as well as international organizations.It began operations on 26 April
1970 when the convention entered into force.
WIPO's activities including hosting forums to discuss and shape international IP
rules and policies, providing global services that register and protect IP in different
countries, resolving trans boundary IP disputes, helping connect IP systems
through uniform standards and infrastructure, and serving as a general reference
database on all IP matters; this includes providing reports and statistics on the state
of IP protection or innovation both globally and in specific countries.[7] WIPO also
works with governments, nongovernmental organizations (NGOs), and individuals
to utilize IP for socioeconomic development.
WIPO administers 26 international treaties that concern a wide variety of IP issues,
ranging from the protection of broadcasts to establishing international patent
classification.[8] It is governed by the General Assembly and the Coordination
Committee, which together set policy and serve as the main decision making
bodies. The General Assembly also elects WIPO's chief administrator, the
Director-General, currently Francis Gurry of Australia, who took office on 1
October 2008 and was reappointed in May 2014 for a second six-year term.[9][10]
WIPO is administered by a secretariat that helps carry out its day-to-day activities.
Headquartered in Geneva, Switzerland, WIPO has "external offices" around the
world, including in Algiers, Algeria; Rio de Jainero, Brazil; Beijing, China, Tokyo,
Japan; Moscow, Russia; and Singapore. Unlike most UN organizations, WIPO
does not rely heavily on assessed or voluntary contributions from member states;
95 percent of its budget comes from fees related to its global services.[11]
WIPO currently has 193 member states,[12] including 190 UN member states and
the Cook Islands, Holy See and Niue; Palestine has permanent observer status.[13]
The only nonmembers are the Federated States of Micronesia, Palau and South
Sudan.