Intellectual Property - What is it?
The term “Intellectual Property” has become somewhat of a fashionable expression in recent times. It is said to encompass anything from mundane research data to some of the most fundamental inventions of humankind. The protection that the law affords to these creations can come in the form of patents, copyright, design rights, trade marks, plant breeders’ rights, trade secret/confidential information laws, as well as a host of related rights.
What distinguishes intellectual property from other forms of property is the fact that the element of proprietary rights attaches not to the physical object embodying its existence but to the intangible idea, expression, sign or information contained in it. So for example, copyright attaches to the particular way in which a research report has been written but not the paper on which the report is printed. One can purchase the report and do whatever one wishes to the physical matter but one cannot reproduce a substantial part of its contents without infringing copyright laws. However, before an “intellectual” creation -whether a concept for an invention, an idea for a song, an intention to breed a new variety, can be protected -it must be made into something tangible: -the concept into an invention that works; the idea for a song -into a musical recording or score; the intended variety, into a plant.
Another interesting feature of intellectual property rights is its effect. It is often said that the right that an owner of intellectual property possesses is “negative” in nature -; they are usually rights to prevent or stop others from doing certain acts. The right, per se, is not a pre-requisite for an inventor to exploit his invention or for a seed company to multiply and sell seeds of a newly-developed rice variety, but it can prevent others from carrying out those acts.
Intellectual property rights are also time-bound. Patents and copyright expire and the subject matter in then dedicated to the public; trademarks must be renewed and used (correctly) or they expire.
Because these characteristics are central to intellectual property protection, there is continuous need and effort to identify the subject-matter that the law protects and to define its limits. The inventor must be able to say exactly what it is that he seeks rights over, the songwriter must be able to show a musical score or play a recording. Failure to do this well will result in the eventual disappearance of the public domain and threaten the very goals that the law has set out to achieve. It is with this in mind that we examine the substantive law of intellectual property.
