By Robin Dopoe, Jr., Guest Blogger
Intellectual property protection is critical in fostering
innovation. Without protection of ideas, businesses and individuals would
not reap the full benefits of their inventions and would focus less on research
and development. Similarly, artists would not be fully compensated for their
creations and cultural vitality would suffer as a result.
And so to help artists, inventors and players in the industry
in Liberia to understand some basic terms of IP, we are launching this series.
Who grants protection?
Intellectual Protection is granted by virtue of registration
by the Government of Liberia through the Liberia Intellectual Property Office
(LIPO), with the issuance of a certificate of registration of creations or
corporation works, after completing all the steps and procedure and payment of
prescribed fees required for registration.
What is Intellectual Property?
Intellectual Property very broadly means the legal rights
which result from intellectual activity in industrial, scientific, literary and
artistic fields. (WIPO, 2008)
Intellectual Property is divided into two categories:
1.INDUSTRIAL PROPERTY includes patent for inventions,
trademark, industrial designs and geographical indications (GI).
1.COPYRIGHT covers literary work such as (Novels, poems and
plays) films, music, artistic, (e.g. Drawings, paintings, photograph, sculpture
and architecture design). Rights related to copyright include those of
performing artists in their performances, producers of phonographs in their
recordings and broadcaster in their radio and television programs.
Copyright also covers
folklore, which is traditional cultural expression, songs, poems etc. and finally
copyright covers traditional knowledge.
What are Intellectual Property Rights? Intellectual Property
rights are like any other property rights. 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 and material interest resulting from authorship of
scientific, literary or artistic productions.
Why promote and protect Intellectual Property?
There are several compelling reasons. First, the progress and
wellbeing of humanity rest on its capacity to create and invent new works in the
areas of technology and culture. Second, the legal protection of new creation
encourages the commitment of additional resources for further innovations.
Third, the promotion of Intellectual Property Spurs economic
growth, create new jobs and industries and enhance the quality and enjoyment of
life.
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
new technical solutions to a problem. A patent provides patent owners with the
protection of their new inventions. Protection is granted for a limited period,
generally 20 years.
Who grants Patent?
Patent is granted by the National Patent Office called the
Liberia Intellectual Property Office (LIPO) upon filing of a patent application
that includes but not limited to title of invention, indication of its
technical field, the background and description of the invention; such
descriptions are usually accompanied by visual materials such as drawings,
plans or diagrams that describe the invention in greater details. Claims are
also included to help determine the scope of the patent protection.
What is Utility Model?
An exclusive right granted for an invention, which allows
the right holder to prevent others from commercially using the protected
invention without his authorization for a limited period of time. It is
sometimes referred to as petit patent, small patent incremental patent, etc.
What is a trademark?
A trademark is a distinctive sign that identifies certain goods or service produced or provided by an individual or company. Trademark has three (3) characteristic and they are original, distinctive, and non-descriptive. Kinds of trademark may be one or a combination of words, letters, and numerals. They may consist of drawings, symbols or three dimension signs such as the shape and packaging of goods. How long is trademark protection? Trademark protection is done for a period often (10) years in accordance with Sub-Part B, section 10.9 of the 2016 Intellectual Property Act. Subsequent renewal of additional ten (10) years can be done after the expiration of the first ten (10) years through application for renewal and payment of the prescribed fees.
What is a mark?
Mark means any visible sign capable of distinguishing the
goods (trademark) or services (service mark) from one enterprise to that of
another enterprise.
What is Collective Mark?
Collective Mark means any visible sign designated as such in
the application for registration and capable of distinguishing the owner, which
are associations whose members use them to be identified. Example: Accounting
Associations engineer or architects Associations.
What is a trade Name?
Trade Name means the name of designation identifying and
distinguishing one enterprise to that of the other.
To be continued .
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