Intellectual Property

Intellectual Property

Intellectual Property refers to creations of the mind: inventions, literary and artistic works, and symbols, names, and images used in commerce. Intellectual property is divided into two categories.

  • Industrial Property includes patents for inventions, trademarks, industrial designs and geographical indications.
  • Copyright includes literary works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs. Rights related to copyright include those of performing artists in their performances, producers of phonograms, and those of broadcasters in their radio and television programs.

What are Intellectual Property Rights?

Intellectual Property Rights are like any other property rights – they allow the creator, or owner, of a patent, trademark, or copyright to benefit from his or her own work or investment. These rights are outlined in Article 27 of the Universal Declaration of Human Rights, which sets forth the right to benefit from the protection of moral and material interests resulting from authorship of any scientific, literary or artistic production.

The importance of Intellectual Property was first recognized in the Paris Convention for the Protection of Industrial Property in 1883 and the Berne Convention for the Protection of Literary and Artistic Works in 1886.  Both treaties are administered by the World Intellectual Property Organisation (WIPO).

Why promote and protect Intellectual Property?

There are several compelling reasons. First, the progress and well-being of humanity rests on its capacity for new creations in the areas of technology and culture. Second, the legal protection of these new creations encourages the expenditure of additional resources, which leads to further innovation. Third, the promotion and protection of intellectual property spurs economic growth, creates new jobs and industries, and enhances the quality and enjoyment of life.

An efficient and equitable intellectual property system can help all countries realize intellectual property's potential as a powerful tool for economic development and social and cultural well-being. The intellectual property system helps strike a balance between the interests of the innovator and the public interest, providing an environment in which creativity and invention can flourish, to the benefit of all.

How does the average person benefit?

Intellectual Property Rights reward creativity and human endeavor, which fuel the progress of humankind. Some examples:

  • The multi-billion dollar film, recording, publishing, and software industries, which bring pleasure to millions of people in all parts of the world, would not exist contentedly without copyright protection; and
  • Consumers would have no means to confidently buy products or services without reliable, international trademark protection and enforcement to discourage counterfeiting and piracy.

Without the rewards provided by the patent system, researchers and inventors would have little incentive to continue producing better and more efficient products for consumers worldwide. Piracy would reign supreme.

The Jamaica Intellectual Property Office has responsibility for the administration of Intellectual Property Rights in Jamaica.

  • Last modified: June 19, 2009