Intellectual

property
■ Lead-in Discuss these questions with a partner.
I What is intellectual property?
2 How can intellectual property be protected?
3 What particular problems are there in protecting intellectual property today?

Reading
1 Read the first paragraph of an article about intellectual property below and
answer these questions.
1 What two reasons are given for ensuring intellectual property protection?

Firstly, to give statutory expression to the moral and economic rights of creators
in their creations and to the rights of the public in accessing those creations; and
secondly, to promote creativity and the dissemination and application of the
results and to encourage fair trade, there by contributing to social and
economic development.

2 What are the two legal categories mentioned?

Industrial property and copyright.

3 Why does the article mention these two categories?

Because the division of intellectual property into two distinct legal

categories, results in different rights, duties and obligations, giving rise to
varying degrees of protection and enforcement.

Domestic legislation enacted within results and to encourage fair trade ,

countries ensures intellectual property there by contributing to social and
protection for two reasons: firstly, to economic development. The division
give statutory expression to the moral of intellectual property into two
and economic rights of creators in distinct legal categories , namely
their creations and to the rights of the industrial property and copyright,
public in accessing those creations; and results in different rights, duties and
secondly, to promote creativity and the obligations, giving rise to varying
dissemination and application of degrees of protection and enforcement.
the

2 Explain the difference between rights, duties and obligations. Give an

example of each.

The term “rights” have different understandings and senses. In this context it refers
to legal, social, or ethical principles of freedom or entitlement, rights are
fundamental normative rules about what is allowed or owed to people according to
some legal system, social convention, or ethical theory. Rights are of essential
importance in such disciplines as law and ethics, especially in theories of justice and
deontology. For example: right to life, education or right to fair trial.
A duty is a term that conveys a sense of moral commitment or obligation
to someone or something. When someone recognizes a duty, that person the
theoretically commits himself to its fulfillment without considering his/her, own
self-interest. Its fulfillment generally involves some sacrifice of him mediate self-
interest. For instance, the services performed by a minister of a church, by a soldier
or by any employee or servant are a kind of duties.

The obligations that accompany rights are in the form of duties. An obligation is a
course of action that someone is required to take, whether legal or moral. For
example: obligations of etiquette, social obligations, civil obligations.

3 Find words and phrases in the paragraph that mean the same as these.

1 encourage: …and secondly, to “promote” creativity and the

dissemination and application of the results and to encourage fair
trade.

2 separate: … the “division” of intellectual property into two

distinct legal categories.”

3 causes: …ensures intellectual property protection for two “reasons”:

4 legal: The division of intellectual property into two distinct “legal” categories.

5 passed: Domestic legislation “enacted” within countries ensures intellectual

property protection

6 which are: …intellectual property into two distinct legal categories,

“namely” industrial property and copyright.

4 Decide whether these terms relate to industrial property or copyright.

c o m m e r c i a l names: in d u s t r i a l p r o p e r t y .

designations : in d u s t r i a l p r o p e r t y .

disclosure: in d u s t r i a l p r o p e r t y .

infringement: copyright.

l a y o u t d e s i g n s : in d u s t r i a l p r o p e r t y .

l i c e n s e : copyright.

p a t e n t s : in d u s t r i a l p r o p e r t y .

p e r f o r m a n c e : copyright.
r e g i s t e r : in d u s t r i a l p r o p e r t y .

re produc tion: copyright.

t ra de m a rks: in d u s t r i a l p r o p e r t y .

t ra nsl a t i on: copyright.

5 Read the rest of the article on the next page to check your
answers to Exercise 4.

6 Read the whole article again and answer these questions :

1 What is the difference between the expressions authors rights and copyright?

Both systems rely on different foundations: authors' rights refer to the author as a
natural person, whereas copyrights from the onset bestow all rights on the producer.

2 Does an invention have to exist to be protected?

Essentially, copyright protects the form of expression of ideas, whereas in the

context of industrial property, inventions cart be considered as new solutions to
technical problems, and these solutions are ideas and are protected as such In fact,
protection of inventions under patent law does not require the invention to be
actually physically in existence.

3 Why does the duration of protection for industrial property and copyright
differ?

The difference between inventions and literary and artistic works gives rise to
different degrees of legal protection, as protection for inventions gives a monopoly
over the right to exploit an idea, the duration of such protection is usually about 20
years, which is quite short. On the other hand, the protection of literary and artistic
works prevents unauthorized use of the expression of the ideas, so the duration of
the protection can be much longer.

4 How is the public made aware that an invention is protected?

The public must be made aware of the fact that the invention is protected, and this is
done publicly through disclosure in an official register.

5 Why is there no need for a register of copyright?

A created work is considered protected as soon as it exists, and a public register of

copyrights is not required.
 Industrial property, in broad terms, protects existence. Copyright ensures the protection of the
inventions and includes patents to protect a uthors' rights a nd provide s re me die s for the
inventions and industrial designs. In addition, it author in the event of any infringement..
covers trademarks, service marks, layout designs
of integrated circuits, commercial names and Essentially, copyright protects the form of
designations, as well as geographical indications expression of ideas, whereas in the context of
and protection against unfair competition. industrial property, inventions cart be considered
Copyright, also known as authors' rights in most as new solutions to technical problems, and these
solutions are ideas and are protected as such In
European languages, relates to artistic creations,
fact, protection of inventions under patent law does
such as books, music, paintings and sculptures,
not require the invention to be actually physically
and films and technology-based works, such as
in existence. The difference between inventions
computer programs and electronic data ba se s.
a nd lite ra ry a nd artistic works gives rise to
While the expression copyright refers to the main
different degrees of legal protection, As protection
act, that act is the making of copies of the work, for inventions gives a monopoly over the right to
whereas the expression authors' rights relates to exploit an idea, the duration of such protection is
the creator of the artistic work, namely its author. usually about 20 years, which is quite short.. On the
The author has certain specific rights in his other hand, the protection of literary and artistic
creation which only he can exercise, such as the works prevents unauthorized use of the expression
right to prohibit or authorize its reproduction, of the ideas. so the duration of the protection can be
distribution, performance, communication to the much longer. Furthermore, the public must be
public, translation or adaptation. and these are m a d e a w a r e o f t h e f a c t that the invention is
recognized in most laws. Other rights, such as the prote c te d, a nd this is done publicly through
right, to make copies, can be exercised by other disclosure in an official register, whereas a created
persons where permission or a licence has been work is considered protected as soon as it exists,
obtained from the author. A created work is and a public register of copyrights is not required.
regarded as protected as soon as it comes into

7 Complete these phrases with words from both sections of the

article.

1 Industrial property, in broad terms

2 over the right to exploit an idea

3 obtain a permission or a licence

4 two distinct legal categories

5 make someone aware of the fact that

6 give rise to different degrees of protection

8 What are the verbs that relate to these nouns? Mark the stressed syllable in
each word.
1 competition: compete
2 permission: permit
3 remedy: remedy
4 monopoly: monopolize
5 solution: solve
6 disclosure: disclose
1 Intellectual property 11
 9 Work in pairs. Each of you should talk for one minute about your
subject.
After each talk, your partner will ask you a question about it.

Student A: The need for intellectual property to be protected

Student B: The legal situation regarding protection of intellectual

property in your country

USEFUL LANGUAGE

I should like to start by mentioning…

To begin with, i must say that ...
There are many points to consider .
We must also consider
An important point regarding…is…
Firstly…secondly…finally…
I should also point out that…
Following on from that…
I should add that…
In conclusion…

10 Find out about the problems involved in protecting intellectual property on the Internet and
discuss in class.

The internet presents several challenges for protecting intellectual property (IP)
rights, including:

 Copyright infringement: The ease of copying and sharing digital content has led
to significant losses for creators and distributors.

 Gathering evidence: It can be difficult to prove copyright infringement,

especially for electronically published works.

 Holding platforms liable: It can be hard to hold companies that provide

electronic services responsible for their clients' infringement.

 Jurisdictional issues: Cross-border issues and territorial limitations can

complicate enforcement.

 Sophisticated technology: Enforcing rights over the internet can be cumbersome

due to the complex nature of technology.

 Lack of awareness: Public awareness about IP rights can be lacking.

 Enforcement: There may be a lack of enforcement officers.

 Costs: The cost of protection can be a challenge.

 Innovation: Strict enforcement of IP rights can stifle creativity and the

expression of free ideas.