ZAMBIAN OPEN UNIVERSITY

SCHOOL OF LAW

Name Mike Mwale

Student Number 21981799

Programme LLB

Course Intellectual Property Law

Course Code L441

Assignment no 1

Cell 0966092893

Lecturer Mr Nyirenda

Email mikemwale777@gmaile.com

Due Date 02/9/22

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 QUESTION

Making reference to relevant authorities, write a thesis on what intellectual property, its
development and importance.

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INTRODUCTION
Intellectual property refers to the protection to the creation of the mind, human intellect.
Intellectual property brings about property rights which gives the owner the exclusive rights
to do certain things which other people can not do. Basically intellectual property is divided
into two branches which are copyright (literary artistic and scientific work) and related rights
(performances of performing artists and broadcasts). The last branch is industrial property
which covers inventions and industrial designs. Therefore, this paper will discuss the
development and importance of intellectual property.

DEVELOPMENT OF INTELLECTUAL PROPERTY

Intellectual Property may sound like a modern-world invention, but it has actually been
around since the development of civilization. Many sources pin the origins of Intellectual
Property rights to the year 1421 when the world’s first modern patent was awarded to an
Italian inventor1

The origins of Intellectual Property can be traced back to the 6th century BCE, from Sybaris
in Ancient Greece. It gave bakers exclusive rights to make their culinary invention. Hence the
idea of Intellectual Property originated from the rising of bread in Ancient Greece.

However, the granting of exclusive rights is believed to be a culture our modern society has
inherited from the past generations. This has been in existence for many years, this dictates to
us of our valuation and recognition of individual talents and human intellect. The ancient
Greeks still considered their inventions as gifts from the gods.

Back step Into the Dark Ages

However, the resemblance of our values to ancient views would pause for a long time with
the rise of the Roman Empire. Religion came to the fore, and so the individualistic view on
creatorship took a backstop and remained there since. At around 480 CE, Emperor Zeno
overthrew the whole concept of sole proprietorship on artistic and agricultural produce. The
Church gained absolute control over the entire Empire.2

Nevertheless, through the centuries, religious influence over society waned as humanism
reemerged through ancient texts. This movement, which in many ways is traceable to
Aristotelian and Platonic worldviews, paved the way for the Enlightenment. During this

1
C, Colston and K Middleton (2005) Modern intellectual law property (2nd ed) Cavendish publishing
2
ibid

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period of human appreciation, the first genuinely recognizable iteration of Intellectual
Property appeared.

Let There Be Light

As we collectively emerged from traditionalism during the Renaissance, our appreciation of

scientific and technological developments overtook the prevailing dogma. With the influx of
revolutionary models of thinking came radical advancements in the field of engineering.3

However, equal recognition towards works of art would receive legal protection much later
during the European Reformation. While publishing guilds were already present before the
Reformation, licensing of the written word was an often lopsided agreement.

In 1623, the Statute of Monopolies was enacted and groups of selected individuals were put
across to control their industry. Therefore, publishers owned most of the rights relating to
authored works. In this case, there was a strong and a weaker side. The publishers were on
the stronger side as they owned most of the rights. The authors were on the weaker side as
they assumed the losing position. Later amendments were instituted to arrive at the modern
version of written word license which is known as copyright. In 1710 the Statute of Anne
granted writers with renewable 14-year protection for their original works.

From History to Current Reality

In 1800s, the idea of global protection of Intellectual Property rights became known among
legislative bodies. However, in 1883 the Paris Convention brought clarity and cooperation
among international jurisdictions. Few years later, the 1886 Berne Convention extended the
same protection to written expressions. Further, trademarks were also granted international
protection through the Madrid Protocol.4 The idea of intellectual property rights protection
received over whelming support which made the offices from the conventions to merge into a
central governing body known as the United International Bureau for the Protection of
Intellectual Property. This became a United Nations office; it is now called World Intellectual
Property Organization.5

WHAT IS INTELLECTUAL PROPERTY

3
C, Colston and K Middleton (2005) Modern intellectual law property (2nd ed) Cavendish publishing
4
ibid
5
Intellectual Property Law: Patents, Trademarks, and Copyright. (2015). Retrieved from

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Most definitions, in fact, simply list examples of intellectual property rights or the subject
matter of those rights (often in inclusive form) rather than attempting to identify the essential
attributes of intellectual property. One should also note that individual intellectual property
statutes provide definitions of the subject matter of their application. So, for example,
copyright statutes will typically define terms such as ‘literary work’, as well as stating that
copyright in a work consists of particular exclusive rights. Patent statutes define the term
‘patent’ in terms of invention and then specify the criteria of patentability. The term
‘copyright’, for example, refers to those common law systems that characterize the exclusive
rights of authors in essentially economic terms (the rights to reproduce the work, to publish it
and to adapt it are examples). Withinn civil law systems, the rights of authors are seen, at
base, as being about the protection of the authorial personality (the right to be acknowledged
as the author of the work and the right to control alterations to the work are the core rights).
These systems are not referred to as copyright but rather as authors’ rights. 6

However, in simple terms, intellectual property just like the name suggests, it is the branch of
law which protects the human creations or human intellect.

Essential attributes of intellectual property has to focus on two elements: the property
element and the object to which the property element relates. Intellectual property rights are
often described as intangible rights. The idea behind this classification is that the object of the
right is intangible.7 All property rights place the right holder in a juridical relation with
others. The major difference between rights of real property and intellectual property rights is
that in the latter case the object of the right is non-physical. One can think of it as an abstract
object rather than a physical object. It is possible that one can ‘own’ the abstract object
without owning a particular physical manifestation of the abstract object. A letter sent to a
friend, for example, results in the property in the letter passing to the friend, but not the
copyright.8

TYPES OF INTELLECTUAL PROPERTY

TRADE MARKS

6
D.E Bouchoux (2009) intellectual law property. The law of trademarks, copy rights patents and trade secrets
(3rd ed)
7
Intellectual Property Law: Patents, Trademarks, and Copyright. (2015). Retrieved from
8
Sunny Handa, Reverse Engineering Computer Programs under Canadian Copyright Law, 40MCGILL L.J. 621,
679 n.250 (1995

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A trade mark is a sign that is used to differentiate goods and services of enterprise from
others, a trade mark can be a logo, picture or slogan. Trademark was first issued in England
where all bakers were told to different mark for the bread they sell. Trade marks legislation
was first passed by the parliament of England under the reign of king henry III in 1266.

PATENTS

Patents is the old form of intellectual property, the word patent comes from the Latin word
‘patentee’. Patents are governed by the Patents Act No. 40 of 16. This is a title granted to the
person or entity by PACRA to protect an idea which has been reduced into an invention.
Patent protection as longer as it is renewed annually in the fourth year from the time it was
granted. Further, after the period of 20 years the patent become public because the time has
been exhausted.

COPYRIGHTS

COPYRIGHT is a legal intellectual right that is created by the law of a country which grants
the creator of the original work exclusive rights for its use and distribution. These rights are
not absolute but limited. The main limitation is that copyright protects only the original
expression of ideal and not the underlying ideas themselves. This simply means that the law
does not protect ideals unless they are reduced into writing. In this called a work principle
where only works of the original creator are protected. This is evidenced in section 8(3) of
the Copyright Act Cap 409 of the Laws of Zambia. Copyright exist for lifetime unlike other
types of intellectual property.

INDUSTRIAL DESIGNS

This type of intellectual property protects the ornamentals or aesthetic which also include
architectural designs, paintings, building or similar structures. Protection is valid for 5 years
renewable up to a maximum of 15 years, after that the product goes into public domain. In
Zambia it is governed by Registered Industrial Designs Act No.22 of 2016.

THE IMPORTANCE AND IMPACT OF INTELLECTUAL PROPERTY

Intellectual property plays a very important role in the progress and development of the
society. Intellectual property not only provides incentive to the creator of his creation but also
lead to a healthy competition among creators which ultimately leads to the progress of the
society. The importance and impact it has made will be explained hereunder.

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Recognition to the creators and inventors, these laws provide them both the means and
incentive to create newer works, products and services. Intellectual property and its value
often not adequately appreciated. In the increasingly knowledge-driven economy, Intellectual
Property is a key consideration in day-to-day business decisions; intellectual property has a
huge impact on economy through inventions and intellect creations. Creations such as music
control the economy has huge contributions to the GDP growth for example Congo music
contributes about 20% to the GDP and Zambian music about 10%. New products, brands and
creative designs appear almost daily on the market and are the result of continuous human
innovation and creativity. Small and medium-sized enterprises (SMEs) are often the driving
force behind such innovations. Their innovative and creative capacity, however, is not always
fully exploited as many SMEs are not aware of the intellectual property system or the
protection it can provide for their inventions, brands, and designs. 9 If left unprotected, a good
invention or creation may be lost to larger competitors that are in a better position to
commercialize the product or service at a more affordable price, leaving the original inventor
or creator without any financial benefit or reward for example the scientist who created boom
detergent paste did protect his inventions and trade kings registered and became the original
inventors. Adequate protection of a company's Intellectual Property is a crucial step in
deterring potential infringement and in turning ideas into business assets with a real market
value. Taking full advantage of the Intellectual Property system enables companies to profit
from their innovative capacity and creativity, which encourages and helps fund further
innovation. Its potential for providing opportunities for future profit is widely underestimated
by the SMEs. Intellectual Property can become a valuable business asset if it is legally
protected and there is a demand for the Intellectual Property related products or services in
the marketplace. Intellectual Property may generate income for the SME through licensing,
sale or commercialization of the Intellectual Property products or services that may
significantly improve SME’s market share or raise its profit margin. Furthermore, Intellectual
Property rights may enhance the value or worth of SME in the eyes or investors and financing
institutions. Hence, in the event of sale or merger or acquisition, Intellectual Property assets
may significantly raise the value of the enterprise 10. Traditionally, physical assets have been
responsible for the bulk of the value of a business entity and largely responsible for
determining the competitiveness of an enterprise in the market. However, these scenarios

9
D.E Bouchoux (2009) intellectual law property. The law of trademarks, copy rights patents and trade secrets
(3rd ed)
10
ibid

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have changed as a result of the revolution of the information technologies, intangible assets
ranging from human capital such as know how to ideas, brands, designs and other intangible
assets from the creative and innovative capacity are often today become more valuable than
the physical assets. The strategic utilization of Intellectual Property assets can, therefore,
substantially enhance the competitiveness of SMEs. SMEs should make sure that they are
ready to face the challenge and take measures to exploit their and Intellectual Property protect
it wherever possible. Like physical assets, IP assets must be acquired and maintained,
accounted for, valued, 11

CONCLUSION

In conclusion Intellectual property is important for a person or company to safeguard.

Without proper safeguards in place, one company’s ideas can be replicated by another
company and used for their profit. Some legal issues can arise from Intellectual Property, but
as long a company is on top of the paperwork and has an attorney they can prevent most of
the issues or fight them if necessary. Having precautions in place can also help a company
keep their trade secrets safe. With the use of a non-disclosure agreement with a non-compete
clause can help a company keep their secret intact for their company to use when it is needed.
While contracts are put into place to ensure a business will do what is required, a contract
breach is possible. The violation can be resolved with employee input as well as mediation to
ensure proper resolution for the breach. Using some of the techniques will prevent a
company’s from Intellectual Property getting into the wrong hands

11
C, Colston and K Middleton (2005) Modern intellectual law property (2nd ed) Cavendish publishing

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BIBLIOGRAPHY

BOOKS

C, Colston and K Middleton (2005) Modern intellectual law property (2nd ed) Cavendish
publishing

D.E Bouchoux (2009) intellectual law property. The law of trademarks, copy rights patents
and trade secrets (3rd ed)

Sunny Handa, Reverse Engineering Computer Programs under Canadian Copyright Law,
40MCGILL L.J. 621, 679 n.250 (1995

Ramsey Shehadeh & Marion B. Stewart, An Economic Approach to the "Balance of Hard
ships" and "Public Interest" Tests for Preliminary Injunction Motions in Patent Infringement
Merges, R. P. (2011). Justifying Intellectual Property. Cambridge, MA: Harvard University

Intellectual Property Law: Patents, Trademarks, and Copyright. (2015). Retrieved from

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