LAW 234: LAW OF

INTELLECTUAL PROPERTY
Faculty: MD. SADEKUR RAHMAN
SUMMER SEMESTER 2014

Lecture 1A: Introduction to Intellectual Property

TODAYS TOPICS
I. Definition of Intellectual Property
II. Classification of Intellectual Property
III. Principle of Territoriality
IV. Public Domain
V. Authors Moral Right

Intellectual Property
The term intellectual property in the Convention Establishing the World
Intellectual Property Organization (WIPO) doesnt have a more formal
definition. The States that drafted the Convention chose to offer an
inclusive list of the rights as relating to:
Literary artistic and scientific works; performances of performing artists,
phonograms, and broadcasts; inventions in all fields of human endeavor;
scientific discoveries; industrial designs; trademarks, service marks, and
commercial names and designations; protection against unfair competition;
and "all other rights resulting from intellectual activity in the industrial,
scientific, literary or artistic fields. (Convention Establishing the World
Intellectual Property Organization, Signed at Stockholm on July 14,
1967; Article 2, viii).
But the concept of traditional knowledge and cultural practices have not
been included. It has been a demand of developing states to recognize
these as the mainstream Intellectual Property.
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Classification of IP right
There are some mainstream IP rights with some parallel right as well. Even
there are combination or contrast of more than one IP rights in a single
product.
1.Copy right: It is ensured over the expression of Literary, artistic and
scientific ideas but not upon a mere idea. Same idea expressed in different
expressions is not protected under IP laws. It is the expression of the idea
which is protected not the idea. For example, Copy right of the author over
book written by him. The idea must be expressed in a medium. It is called
fixation.
2.Related Right: It is related to copy right. It includes performance,
broadcasts, phonograms etc.
3.Patent: It is about inventions. There are some characteristics called
patent-ability to go under this branch .e.g. invention of BMW car engines.

4. Trade mark: It could be trade mark, trade name, collective mark, service
mark, commercial names and certificate mark. It could be formed by letter,
sign, type of letter, sequence of letter etc. The mark must be distinctive not
descriptive. e.g. trade mark of Apple.
5. Industrial Design: It is the external shape of the product, protected
design which distinguishing the product from other manufacturers e.g. the
bottle of coca cola.
6. Geographical indication: The product carries the specification of the
area where it is produced and manufactured. There must be distinct effect of
that area (e.g. weather, soil etc) over the product like taste. e.g. Champagne
which is produced in the very village of France and it tastes different from
others.
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7. Traditional knowledge: It is more about technical knowledge

inherited from ancestral fathers e.g. Nokshi Kantha in
Bangladesh.

8. Trade secret: Protection over trade secret never expires but IP

law gives no protection. when the product carries the secret
and reverse engineering is possible, there is no protection but
where product does not carry the secret, it gets the protection
forever e,g. the trade secret of Coco Cola which is getting
protection over 100 years, KFC etc.

Principles of Territoriality
The enforcement of IP laws is territorial. Any design or patent
registered in Europe cannot claim the same protection in
Bangladesh unless it is given in the statutory law of Bangladesh.
For example, Europe restricts copy from internet so it is offense
there but in Africa there may be no such regime, so not offense at
all. Bangladesh enjoys trade facilities in Europe because of the
Agreement with WTO to achieve the TRIPS (trade-related aspects
of intellectual property rights)
There are methods of protection under IP laws via treaties and other
methods. But if any policy is taken at domestic level for the very
purpose of protection of intellectual property, it is also considered a
good legal frame work for IPR. It is called Sui generis.

Public domain
IP laws fixe a certain period during which IPR is provided. After
that fixed period, the property goes to the public domain. it means
any one can use/ apply the invention and innovetion without the
prior permission of the inventor or author and the author or the
inventor/ designer can not claim the right any more.
Author's Moral Right
It lasts forever. the property invented can not be used in such way
which is derogatory/ humiliating to the author or in any way which
was never visualized by the author. this right continues even after
the expire of the IP right.