Page 64 - Msingi Afrika Magazine Issue 1
P. 64

ISSUE ONE | JULY/AUG
                                                                                      rights
                                                                                •      Plant breeders varieties
                                                                                •      Traditional knowledge


                                                                                According to the World Intellectual
                                                                                Property  Organization  or WIPO,
                                                                                the  reasons  for their  protection
                                                                                have  been  linked  to  the  need  for
                                                                                invention for the progress and well-
                                                                                being  of humanity, to encourage
                                                                                commitment       of    additional
                                                                                resources  for  further  innovation
                                                                                and to spur economic growth.

                                                                                What do some of the terms mean?
              Intellectual                                                      Patents

                                                                                A Patent  is  the  exclusive  right
                                                                                granted  by  a  government  to an
              Property                                                          inventor to manufacture, use or sell
                                                                                an invention for a certain number
                                                                                of years, in  return for  disclosure
                                                                                of technical information, so that it
                                                                                can be used or worked by a person
                                                                                skilled in the art.
                                                                                It has its origins in 16th and 17th
                                                                                Century Britain whereby the Crown
                                                                                granted  privileges  to subjects  in
                                                                                return for the subjects performing
                                                                                certain  duties.  This  was  done,
                                                                                initially, via open letter  from  the
                                                                                Crown to the subject.

                                                                                What can be patented?
                                                                                A wide  range  of items  can
                                                                                be   patented,    ranging   from
                                                                                new  and  novelty  items,  to
        Intellectual Property               those  of performing artists  in    discoveries,  scientific  theories
        This  is  defined  as  intangible  their  performances, producers of    and  mathematical  methods, new
        property  that  entails  creations  phonograms in  their  recordings,   methods  of  doing  business,  new
        of the  mind that  include  patents,  and  broadcasters  in  their radio   treatment  methods  and  so  on.
        trademarks,  industrial  designs,  and television programs.             Patents  are  granted  for 20  years
        literary and artistic works that are                                    from  the  date  of  filing  of  the
        used in commerce.                   Intellectual Property Rights        application  after  which  it  falls
                                            Intellectual  property  rights,  like   back to public domain.
        Intellectual Property is divided into  any  other  property  rights,  allow
        two categories:                     creators, or owners, of patents,    Copyright
        Industrial    Property,     which   trademarks or copyrighted  works    Copyright provide authors, artists
        includes  patents  for  inventions,  to benefit from their own work or   and  other creators protection  for
        trademarks, industrial designs and  investment in a creation.           their literary and artistic creations,
        geographical indications; and                                           generally referred to as “works”.
        Copyright,  which covers  literary  These  rights  are protected  by    Copyright  regulates  the  creation
        works (such  as  novels,  poems  various types  of intellectual         and  use  made  of a wide range
        and  plays),  films,  music,  artistic  property law:                   of cultural  goods such as
        works (e.g.,  drawings,  paintings,  •    Trade Marks                   books,  songs,  films,  paintings,
        photographs     and   sculptures)   •    Patents and Utility Models     handicrafts, photographs, music,
        and  architectural  design.  Rights  •    Industrial Designs            computer programs among other
        related   to   copyright  include   •    Copyright and related          things.
    64                                 HEALING - RESTORING - REBIRTHING - AFRICA
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