Intellectual Property Rights
areas of technology and culture.
What is intellectual property?
 Intellectual property refers to creations
of the mind
TWO CATEGORIES
 INDUSTRIAL PROPERTY Includes
patents for inventions, trademarks,
industrial designs and geographical
indications.
 COPYRIGHT Covers literary works (such
as novels, poems and plays) films music,
artistic works and architectural design.
Rights related to copyright include
those of performing artists in their
performances, producers of
phonograms in their recordings, and
broadcasters in their radio and
television programs.
What are intellectual property rights?
• Intellectual property rights are like any
other property right. They allow
creators, or owners, of patents,
trademarks or copyrighted works to
benefit from their own work or
investment in a creation.
• These rights are outlined in article 27 of
The Universal Declaration of Human
Rights, which provides for the right to
benefit from the protection of moral an
material interests resulting from
authorship of scientific, literary or
artistic productions.
Why promote and protect intellectual property?
• The progress and well-being of
humanity rest on its own capacity to
create and invent new works in the
• The legal protection of new creations
encourages the commitment of
additional resources for further
innovation.
• Promotion and protection of
intellectual property spurs economic
growth, creates new jobs and
industries, and enhances the quality
and enjoyment of life.
How does average person benefit?
 The multi-billion film, recording,
publishing and software industries-
which bring pleasure to millions of
people worldwide- would not exist
without copy right protection.
 Without the rewards provided by the
patent system, researchers and
investors would have little incentive to
continue producing better and more
efficient products for consumers.
 Consumers would have no means to
confidently buy products or services
without reliable, international
trademark protection and enforcement
mechanisms to discourage
counterfeiting and piracy.
FOUR TYPES OF INTELLECTUAL PROPERTY:
PATENTS
TRADEMARKS
TRADESECRETS
COPYRIGHTS
WHAT IS A PATENT?
• A patent is an exclusive right granted
for an invention- a product or process
that provides a new way of doing
 something, or that offers a new
technical solution to a problem.
• A patent provides patent owners with
protection for their inventions.
Protection is granted for a limited
period, generally 20 years.
According to the Organization for Economic
Co-operation and Development (OECD)
Three types of patent-based indicators:
1. Citation based indicator:
Two types:
 Backward citations- to assess the
degree of novelty of the invention and
knowledge transfer patterns.
 Forward citations- to measure the
technological impact of inventions,
(forward citations per patent, citation
impact, generality, geographical impact)
2. Indicators of Internalization of Science
and technology.
Two types:
 Cross-border ownership (e.g. foreign
ownership of domestic inventions,
domestic ownership of inventions made
abroad)
 International co-operation in research
(e.g. international co-inventions,
international co-ownership)
3. Indicators of patent value: such as
forward citations, patent family size
(number of jurisdictions), number of
investors, renewals, firm market value,
number of claims, number of technical
classes.
• Why are patents necessary?
Patents provide incentives to
individuals by recognizing their
creativity and offering the possibility of
material reward for their marketable
inventions. These incentives encourage
innovation, which in turn enhances the
quality of human life.
• What kind of protection do patents
offer?
Patent protection means an invention
cannot be commercially made, used,
distributed or sold without the patent
owners consent. Patents rights are
usually enforced in courts that, in most
systems, hold the authority to stop
patent infringement. Conversely, a
court can declare a patent invalid upon
a successful challenge by a third party.
• What rights do patent owners have?
A patent owner has the right to decide
who may- or may not use the patented
invention for the period during which it
is protected. Patent owners may give
permission to, or license, other parties
to use their inventions on mutually
agreed terms. Owners may also sell
their invention rights to someone else,
who then becomes the new owner of
the patent.
• What role does patent play in everyday
life?
Patented inventions have pervaded
every aspect of our life. In return for
patent protection, all patent protection,
all patent owners are obliged to publicly
dissolve information on their inventions
in order to enrich the total body of
technical knowledge in the world. This
ever increasing body of public
 knowledge promotes further creativity
and innovation. Patents therefor
provide not only protection for their
owners but also valuable information
and inspiration for future generations of
researchers and inventors.
How is a patent granted?
The first step in securing a patent is to
file a patent application. The application
contains:
 Title of the invention(indication of its
technical field)
 Background and description of the
invention
 Descriptions accompanied by visual
materials, drawings plans or diagrams
that describe the invention.
 Various “claims” to help determine the
extent of protection be granted by the
patent.
WHO GRANTS PATENTS?
Patents are granted by National Patent
Officers or by regional Offices that carry
out examination work for a group of
countries:
 European Patent Office (EPO)
 African Intellectual Property
Organization (OAPI)
 World Intellectual Property
Organization (WIPO)
 WIPO administered Patent Cooperative
Treaty PCT) for the filling of a single
international patent application.
PATENT EXPERT ISSUES: LAYOUT
DESIGNS (TOPOGRAPHIES) of
INTEGRATED CIRCUITS
INTEGRATED CIRCUITS
Commonly known as "chips" or "micro
chips".
Integrated circuits are essential
elements for a wide range of electrical
products including articles of everyday
use, such as watches, televission sets,
washing machines, and cars as well as
sophisticated computers, smart phones
and other digital devices. Developing
innovative layout designs of integrated
circuit is essential for the production of
ever smaller digital devices with more
functions
FOR THE PURPOSE OF INTELLECTUAL
PROPERTY
 INTEGRATED CIRCUIT means a product
in its final form or an intermediate form
in which the elements, at least one of
which the elements, at least one of
each is an active element and some all
of the interconnections are integrally
formed in and/or on a piece of material
and which is intended to perform an
electronic function.
 LAYOUT DESIGN (TOPOGRAPHY)
 Means the three dimensional
disposition, however expressed of the
elements, at least one of which is an
active element and of some or all of the
interconnections of an integrated
circuit, or such a three dimensional
disposition prepared for an integrated
circuit intended for manufacture.
 LAYOUT DESIGNS of integrated circuits
are also called topographies of
integrated circuits or mask works of
semi conductor chip products. Layout
 designs (topographies) of integrated
circuit shall be protected by law
provided they are original.
WHAT IS TRADEMARK?
• Origin of trademark when craftsmen
reproduced their signatures, or “marks”
on their artistic works or products of a
functional or practical nature
• A trademark is a distinctive sign that
identifies certain goods or services
produced or provided by an individual
or a company.
• The system helps the consumers to
identify and purchase a product or
service based on whether is specific
characteristics and quality- as indicated
by its unique trademark-meet their
needs.
What do trademarks do?
• Trademark protection ensures that the
owners of marks have the exclusive
right to use them to identify goods or
services, or to authorize others to use
them in return of payment. The period
of protection varies, but a trademark
can be renewed indefinitely upon
payment of the corresponding fees.
Trademark protection is legally
enforced by courts that, in most
systems, have the authority to stop
trademark infringement.
• Ina larger sense trademark promote
initiative and enterprise worldwide by
rewarding their owners with
recognition and financial profit.
Trademark protection also hinders the
efforts of unfair competitors. The
system enables people with skill and
enterprise to produce and market
goods and services in the fairest
possible conditions, thereby facilitating
international trade.
TRADEMARK VS. SERVICE MARK
• A service mark is a word, phrase,
symbol or logo that is used to brand,
identify and distinguish a service.
• Trademark which is a word, phrase,
symbol or logo that is used to brand,
identify and distinguish a product.
PURPOSE OF SERVICE MARK
 A mark is used to distinguish the
services provided by one person or
company from services provided by
others service marks serves the same
purposes of trademarks, but they are
used to identify services rather than
goods.
What is an industrial design?
• A design may consist of three-
dimensional features, such as the shape
or surface of an article, or two-
dimensional features, such as patterns,
line or color.
WHAT IS GEOGRAPHICAL INDICATION?
 A geographical indication is a sign used
on goods that have a specific
geographical origin and possess
qualities or a reputation due to that
place of origin.
 Agricultural products typically have
qualities that derive from their place of
production and are influenced by
specific local geographical factors, such
as climate and soil.
 The use of geographical indications is
not limited to agricultural products.
They may also highlight specific
qualities of a product that are due to
 human factors found in the products • Is the “wrongful appropriation” and
place of origin, such as specific “stealing and publication” of another
manufacturing skills. authors “language, thoughts and ideas,
or expressions” and the representation
UNDISCLOSED INFORMATION
of them as one’s own original work.
 Undisclosed information refers to
information which is secret and has a
commercial value because it is secret.

THE LAW ON PROTECTION OF

UNDISCLOSED INFORMATION (OJ MNE
16/07) With adopted amendment in
Article 9, item 3, point 1 – deleting of
words “or promote”, page 3 I. GENERAL
PROVISIONS

Article 4
(1) Undisclosed information shall be
protected under this Law on the
condition that it:
1) Is secret in the sense that it is not,
as a body or in the precise configuration
and
assembly of its components, generally
known among or readily accessible to
persons within the circles that normally
deal with the kind of information in
question;
2) Has commercial value because it is
secret; and

3) Has been subject to measures

taken by the owner to keep the secrecy
of the

information.

(2) Measures referred to in paragraph 1,

subparagraph 3 of this Article shall
include

apparent physical inaccessibility of the

information and procedures in place for

designating and safeguarding of the

undisclosed information.

Plagiarism