Introduction To Intellectual Property Law

2.0.1 What are copyrights

Copyrights are part of the intellectual property rights. Thus the law related to copyrights are governed by the wider body of law referred to as Intellectual Property Law. The rights attached to a traditional property are easily understood. They are in fact natural rights. If someone owns a property he is naturally entitled to the enjoyment of exclusive rights over such property. For instance, if you own a pencil you can exclude others from using such pencil in any other way than you permit. You can use it. And you can allow someone else to use it too. If someone takes it from you without your permission such taking would constitute the offence of theft. People generally recognize these rights attached to properties

trademarks, service marks, and commercial names and designations; protection against unfair competition; and

7. “all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.”

Intellectual property can be incorporated in tangible objects but the property over which the intellectual property rights are given is not the tangible object, but the information or knowledge reflected in them. However it is interesting to notice that these rights are only given to a specific duration prescribed by law. If you own a pencil you own the property rights over it forever unless you waive them by yourself. If you own any intellectual property rights over the creation of such pencil you are only entitled to enjoy such exclusive rights for a limited period of time.

The need for protection of intellectual property rights were first recognized globally in the Paris Convention for the Protection of Industrial Property in 1883 and the Berne Convention for the Protection of Literary and Artistic Works in 1886.

Intellectual Property is categorized under two broad branches namely industrial property and copyright. Industrial property generally deals with inventions and copyrights protects literary and

Most industrialized nations have protection systems that are centuries old. Many new and developing countries, however, are now building up their patent, trademark and copyright laws and systems. With the rapid globalization of trade during the last decade, WIPO plays a key role in helping these new systems to evolve through treaty negotiation, legal and technical assistance, and training in various forms, including in the area of enforcement of intellectual property rights. The field of copyright and related rights has expanded dramatically as technological developments have brought new ways of disseminating creations worldwide through such forms of communication as satellite broadcasting, compact discs, DVDs and the Internet. WIPO is closely involved in the on-going international debate to shape new standards for copyright protection in