GAYATRI DASS
AS WE celebrate World Intellectual Property Day today, we are reminded of the power of youths in driving positive change. This year's theme celebrates 'IP and Youth: Innovating for a Better Future.' With an awareness of various forms of intellectual property (IP), young inventors and creators can use their IP rights to achieve their goals, generate income, create jobs, tackle local and global challenges and support community and national development (adapted from WIPO).
What is IP?
IP refers to expressed creations of the mind. IP is broken down into (I) industrial property and (ii) copyright and neighbouring rights/related rights. This article focuses on some major forms of industrial property.
Trade secrets
A trade secret is any information which has been kept secret, has commercial value and retains its commercial value as a result of reasonable steps to keep the information secret. Trade secrets are protected without registration and the unauthorised disclosure of a trade secret may constitute an act of unfair competition under the Protection Against Unfair Competition Act, 1996. Some well-known local examples include the formula for Angostura Bitters and Royal Castle's spice mix.
Patents
A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. The Gatorade formula, as invented by Dr Robert Cade, was a new technical solution to solve the problem of dehydrated athletes who lost fluid and electrolytes while playing football games.
Section 8 of the Patents Act, Chapter 82:76 provides that 'a patent may be granted only for an invention in respect of which the following conditions are satisfied, that is, (a) the invention is new; (b) it involves an inventive step; © it is capable of industrial application.'
However, not every invention can be patented. Section 12 of the Patents Act excludes, inter alia, discoveries, scientific theories, mathematical methods, diagnostic, therapeutic and surgical methods for the treatment of humans or animals and the presentation of information from patentability.
Geographical indications
A geographical indication (GI) is defined in the Geographical Indications Act Chapter 82:78 (GI Act) to mean 'an indication which identifies a good as originating in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin.'
GIs are typically used for agricultural products, foodstuff, wine and spirit drinks, handicraft and industrial products. The right to use a protected GI belongs to producers in the geographical area defined, who comply with the specific conditions of production for the product. For example, Champagne producers from the Champagne region in France or the Demerara rum distillers in the Demerara region, Guyana.
Who can apply for a GI? According t
