Intellectual property is a category of property that includes intangible creations of the human intellect or mind. Intellectual property law is a branch of law that regulates intellectual property rights, registration and enforcement. Intellectual property rights which are recognised by the law include copyright, trade marks, patents, industrial designs, geographical indications, plant breeders rights and integrated circuit lay-out designs. These I.P rights require registration before they can be protected and enforced against third parties. Registration of intellectual property can be done through the Zimbabwe Intellectual Property Office(ZIPO) or African Regional Intellectual Property Organisation (ARIPO) or Madrid International Trademark System (Madrid System. There are principles that governs intellectual property and are as follows.
Principle of Territoriality
Intellectual property rights are territorial meaning a sovereign state has jurisdiction and can deal with issues that occur within its borders. Intellectual property rights are not universal but are limited in their effect to the territory of the sovereign under the laws of which they have been granted. All intellectual property rights are of national character unless their scope extends to encompass a whole region, having been granted in such form. Since territorially rights are independent from one another they can be owned by different persons.
Principle of National Treatment
This entails that members of the International I.P Treaties shall accord to the nationals of other members treatment not less favourable than it accords to its own nationals with regard to the protection of intellectual property.
Principle of Priority
This principle is applicable to intellectual property rights which are protected through registration. It provides that the person who is the first to register their intellectual property rights will have priority over any subsequent claimant to a similar or identical right.
Principle of Independence of Protection
Protection is independent of the existence of protection in the country of origin of the work (principle of independence of protection). If, however, a Contracting state provides for a longer term of protection than the minimum prescribed by the Convention and the work ceases to be protected in the country of origin, protection maybe denied once protection in the country of origin ceases.
Principle of Most Favoured Nation
With regard to the protection of I.P, any advantage, favour, privilege or immunity granted by a member to the nationals of any other country shall be accorded immediately and unconditionally to the nationals of all other members.
This article is for general information purposes only , legal advice must be sought in relation to any aspect of the law.
