“The test of an innovation, after all, lies not
in its novelty, its scientific content or its
cleverness. It lies in its success in the market
Peter F. Drucker
Idea- property- Right
Intellect- property- Right
Idea- Expression- Copyright
Idea- Invention-Innovation- Patents
Idea- Quality-Identity- Trademark
Idea- Appearance- Design
Intellectual property (IP) is a legal concept which refers to
creations of the mind for which exclusive rights are recognized.
Rights associated with intellectual property which gives legal
protection is referred to as IPR (Intellectual property Rights)
*Intellectual Property Rights is defined, as a Right
given to people over the Creations Of Their
*It usually gives the Creator an Exclusive Right
over the Use of his Creations for a Certain
Period Of Time.
To give statutory expression to the moral and economic rights
of creators in their creations and the rights of the public in
access to those creations.
To promote, as a deliberate act of Government policy,
creativity and the dissemination and application of its
results and to encourage fair trading which would contribute
to economic and social development.
Intellectual property, means the legal rights which
result from intellectual activity in
literary, artistic and scientific works,
Performances of performing artists
Inventions in all fields of human endeavor
Trademarks, service marks and commercial names and
designations, protection against unfair competition.
IPR came into force from 1st January 1995 by
WTO(World trade Organization) an agreement on
trade related aspects.
Intellectual property laws originate in the
Constitution and common law. Creators of
intellectual property are granted limited rights to
control the use of their works.
The agreement provides for standards in respect of
following areas of intellectual property.
Copyrights and related rights
Patent is the landmark in the industrial development
Patents is the form of intellectual property.
Right granted by the country to the owner of the
invention to MAKE, to USE, to MANUFACTURE
and MARKET the invention.
• The patent law typically provides the inventor 20
years from the date of application to exploit the
invention before others may do so.
• A Patent has a time limit of 20years.
• The basic philosophy of this act is that patents are
granted to encourage inventions and to ensure that
these inventions are worked on a commercial sale.
• A patent is Restricted to the claims made in the
• MARKETABILITY AND UTILITY.
*A patent has a time limit (20 years)
*A patent has a geographical limit
*A patent is restricted to the claims
made in the application
Copyright is the key branches of the Intellectual
property law which protect the protection of ideas.
To gain a copyright the work should be original and
it should be in the material form.
A copyright is effective on creation work.
Copyright act is similar to that of patents but it
provides the author 70yrs of time duration from date
• It is of the type protected by the copyright under
• It is recorded in some form.
• The work meets the requisite degree of the
• Original Literary, dramatic, artistic or musical
• Sound recordings, films or broadcast.
• The typographical arrangement of published
• Can copy the work.
• Issue copies of work to public.
• Rent or lend works to public.
• Perform show or play the work in pubic.
• Communicate the work to public.
The creator is the first owner.
More than one creator involving in the work.
• Copyrights does not continue indefinitely.
• Duration of copyright.
Trade mark have been defined as any sign or any
combination of signs capable of distinguishing goods or
services of one undertaking from those of another
The above example consists of the COCO COLA Bottle,
MCDONALS symbol as well as the logo of it , the ORANGE
color, and the LOGO.
So the trade Marks are:
Name (from COCO CLA)
Use of a person’s own name in the course of
Use of descriptive terms to indicate the
characteristics of goods or services.
Limitations by disclaimers.
A geographical indication is a sign used on goods
that have a specific geographical origin and
possess qualities, reputation or characteristics that
are essentially attributable to that place of origin
• The author had exclusive rights to his creation
for a certain period of time so only he could
distribute his work and profit from it.
• Copyrights have been extended for overly long
• Authors were more inclined to produce more
works if they got exclusive compensation from
them; so the public benefited by having more
*As it stands today, the public is not receiving
much in the way of expired copyrighted
material to add to the public domain. And the
copyrights are overly restrictive in many