In essence, intellectual property is a term referring to intangible property rights associated with human creative effort or commercial reputation and goodwill. There are various forms, including without limitation, trademarks, patents, designs, copyright, trade secrets, circuit layout rights, plant variety rights and other similar rights.
An owner of a right can enjoy the exclusive right to use or otherwise exploit the property. Such a right can be licensed, pledged, assigned or otherwise transmitted by the owner. The exact forms and scope of protection of intellectual property rights in a jurisdiction are governed by the laws and regulations of that jurisdiction and so they vary from jurisdiction to jurisdiction. For example, there are invention patents, utility model patents and design patents in China, but there are only utility patents and design patents in the United States of America. In contrast, in Hong Kong designs are not patents and are a separate form of rights and patents are divided into standard patents and short-term patents.
In general, with the exception of copyright, trade secrets and circuit layout rights which are automatic, trademarks, patents, registered designs and plant variety rights are secured by way of registration.
Is there any registration which can secure protection worldwide?
There is currently no such a registration. There are, however, international agreements in place which make it easier to obtain rights in members of the agreements. For instance, the Paris Convention for the Protection of Industrial Property, the Patent Cooperation Treaty, the Madrid Agreement Concerning the International Registration of Marks, the Madrid Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks.
Please browse www.wipo.int for more information. There are also registrations of the Community trademarks and the Community designs (please browse oami.eu.int ) and registrations by the African Regional Industrial Property Organization (please browse www.aripo.wipo.net) and by the African Intellectual Property Organization (please browse www.oapi.wipo.net).
A trademark is a mark used in relation to goods or services to distinguish one's products or services from someone else's. It may be registered in China and Hong Kong as well as in most other territories. A trademark may consist of words, letters, numerals, characters, symbols, designs, figurative elements, colours, sounds, smells, the shape of goods or their packaging and any combination of such signs capable of being represented graphically. Each jurisdiction has its own set of laws and regulations determining the registrability of a trademark.
A patent registration gives the registrant the exclusive right to a new invention capable of industrial application. In China, there are three types of patents:
i. Invention patents,
ii. Utility model patents, and
iii. Design patents.
In Hong Kong, there are two types of patents:
i. Standard patents and
ii. Short-term patents
Other territories also grant similar patent registrations. Each jurisdiction has its own set of laws and regulations governing grant of patents. Please browsewww.sipo.gov.cnfor the patent laws of China and www.justice.gov.hk for the laws of Hong Kong.
The new visible shape, pattern, color or their combination applicable to an article by an industrial process is protectable by design registration. In China, this is protected by design patent. In Hong Kong, this is protected by design registration and not by patent registration. Some other territories also grant design registrations. Each jurisdiction has its own set of laws and regulations governing grant of design registrations.
Copyright subsists in original literary, dramatic, musical and artistic works including computer software etc. It subsists once a work is completed or recorded in a tangible medium. No registration is required for its subsistence. In China, it is not mandatory but foreign copyright owners may apply for recordal with the PRC Copyright Protection Centre. Please browse www.ccopyright.com.cn for more information.
