Are you new to Intellectual Property and you want to get a quick review on what it is all about? This slide reveals the in general what you need to know and gives you a basis for better learning in the most basic language.
What is Intellectual Property
Brief History of IP
Nature of IP
Areas of IP
General rights of an IP owner
Is the concept of Intellectual property
• The concept of IP may sound vague and unrealistic to some individuals but like it or
not, as long as technology advances and digitization increases, IP and its protection
comes closer and closer to you! What do you loose by knowing just a bit of it?
• IP is established on the fact that every day, somewhere and in sometime, the human
mind goes on thinking and conceiving ideas that could better the peaceful sustenance
• It cuts across several fields that you may not even think and for sure, it will only get
broader. Before now, people can just come on stage and perform, get standing
ovations and they are fine, but no! they want more today because Performers rights
are real and are covered under IP too.
• These creations can be from the mind of a legal or natural person.
4. What is Intellectual Property?
• When you buy a house in your name, and all the papers to
that house is given to you and of course, the key too, you
are the owner and can choose to do whatever you want
with it. A property is owned.
• Intellectual property is an ownership born from your
mind’s creations. You thought it out, you put it to work
and you make others able to access it, it becomes your
• Its not yours when you just think it, just like I can wish I
own a house but do nothing to make it mine. It’s yours
when you make it tangible and real, when you give it a
5. What IP is not
• It is not a mere story that you conceive even if its
shared orally to another.
• It is not a scientific formula you arrive at and leave it
• It is not innovation that is not expressed.
• It is not the exact replica of another person’s
• It is not a song you sing to yourself every morning
when you wake up.
• It is not an intangible machine built up in your head.
• If ideas and thoughts are protected, ut will hamper
the very freedom of individuals to think and express.
• For Intellectual property to confer rights on you, It
must be material, a product of those ideas conceived in
real concrete form. It is the result of your ideas that IP
IP confers rights on its owners to
maximize their creations to its
fullest, and for the most cases, a
limited period of time
7. BRIEF HISTORY OF IP.
The rationale behind protecting IP has never always been
economic in nature. It sought to protect the personhood of
an individual to be rewarded for efforts put in and to
universally encourage development.
The History of IP can be narrowed to three main stages:
• a. The medieval period
• b. The International advancement period
• c. The modern global period
Lets see the key factors in each of this periods…
8. The Medieval Period
IP is traced back
to Europe when
were given under
Venetian Law of
1474. It granted
protection to and
to inventors of
It was granted
only to regions
monopoly set in.
monopoly led to
letter patents. It
is a document
issued by a
addressed to a
subject to which
a seal is put.
The first letter
patent was given
to John Kempe, a
Henry Smith in
1522 who was
right to produce
for 20 years.
9. Medieval Period Continued…
began to issue
letter patents to
anybody she liked
and even though
she said it was to
granted it to
This led to
people’s right to
food, healthy living
and hence, the
The statute of
British Patent law.
the ones granted
to true and first
inventor or a
unique method of
began the journey
too like India, the
Act VI of 1856, Act
of 1857 and 1859.
Protection was for
6 months to 12
The medieval laws
were simple, direct
and clear but was
majorly limited by
only few countries
inventons and this
paved way to the
10. The International Advancement
• Since the first era was limited to territory, it led to
duplication of inventions. Persons in country A, B and C
produce the same thing without knowing and get
protected individually for it. Inventions were also
duplicated and sold in other countries without recourse
to them or receipt of royalty. On the other hand, countries
with less production-might sought to enjoy technological
• Most of this duplication was done in America, France and
Germany. Like Hansard said; "Every work written by a
popular author is con-instantaneously reprinted in large
numbers both in France, Germany and America and this is
done with much rapidity and little expense…”
• There was no choice than to look for better means to
protect IP and it birth the following:
11. International Era continued…
was the first step to
going global with IP
protection. UK passed
laws in 1838 to curb
duplicity on a
reciprocity basis while
US passed laws to
protect its citizens,
protection to foregners.
Hence, US encouraged
the piracy of the works
As at 1883, there were
agreements in place, all
operating on national
States began to
recognize the necessity
to recognize the works
of foreigners too and
so, bilateral agreements
agreements was only
between two states,
agreements came to be
and the two main
agreements were Paris
Convention of 1883 and
Berne Convention. They
both are the foundation
of all other multilateral
Organizations were also
formed to implement
was born after being
Reunis pour la
protection de la
12. Modern Global Period
• The end of the 2nd world war paved way for more International
Organizations as the developing countries wanted a way out of their
dilemma of being backward and so they craved a system that would
foster a better economy like the International copyright system
introduced by the Stockholm protocol in 1967, compulsory licenses
introduced by Paris and a lot more.
• On 15th April 1994, the Uruguay round concluded in Marrakech with
the signing of the Final Act embodying all Multi trade agreements
and thus, TRIPS (Trade Related Aspects of Intellectual Property
rights) was born and it still is a foundation for the present face of
global IP protection.
• TRIPs gave a transitional period to its members to adjust to their
rules and to state the obvious, uniformity of laws began to set in.
• There are many other treaties but like we know, this is judt IP 101!
13. Nature of
It confers a bundle
of rights in relation
to a material object
created by a person.
The rights bestowed
are exclusive at the
It protects the
expression of ideas
and not the ideas
The invention must
be new or a tangible
improvement of an
period, it usually
It is subject to
The rights are
It is mostly subject
to public policy
15. General rights of an IP owner
The rights and duration of protection of an IP owner largely
depends on the intellectual property in question, however, there
are general rights that apply to all:
• Right to own the property
• Right to exploit the property for the period of time in the
exclusion of others
• Right to assign such ownership
• Right to exclude others from making, using, selling, offering to
sell, and importing that invention.
All these rights are in the exchange that the property MUST BE
DISCLOSED TO THE PUBLIC AND MADE ACCESSIBLE.
16. IS THE CONCEPT OF IP
• If you have ever asked this question, or probably asking now, I need you to know
that you are not alone.
• I have puzzled a lot about why should a creation be monetized? And even if it is,
why should it be so expensive that only a few can afford it?
• I came to this conclusion: We cannot rule out the fact that we are what we are!
We are humans who always need to be given credit for what we create, we want
others to know that we count and that we are definitely useful. The protection
of IP goes a long way to foster this from the minor level to the biggest of
companies owning several IP’s. The protection of IP was considered for three
main reasons – The glory, the money and the technological advancement it
• There may have been a time when people didn’t bother whether someone else
had their creations without proper recourse but that time isn’t now! The human
race has evolved and rather than dealing with the setbacks of evolvement, deal
with how to manage it, IP protection is the way.
• It not only allows people get the benefit of what they have made, but it makes
others want to become creative and to do inventive things themselves, it
enriches an economy, it reduces wars with regards to who owns what.
• I would say that the concept of IP is not illegitimate, but rather, must be made
to truly fulfil the reason why protection was granted in the first place.