Q: What are intellectual property right?

A: They are a bundle of rights consisting of

Copyright and related rights;
Trademark and Service Marks;
Geographical indications;
Industrial designs;
Patents;
Layout-Designs (Topographies) of Integrated Circuits; and
Protection of undisclosed information (TRIPS).
Q: What is a technology transfer arrangement?
A: This refers to contracts or agreements involving transfer of systematic knowledge for the:
manufacture of a product, the application of a process, or
rendering of a service including management contracts; and
the transfer, assignment or licensing of all forms of intellectual property rights, including
licensing of computer software except computer software developed for mass market.
Q: What is the difference between copyright, trademark and patent?
A: Copyright a copyright grants the creator of an original work exclusive rights to its use and
distribution, for a limited time, with the intention of enabling the creator to receive compensation for
their intellectual effort.
Trademark it is a recognizable sign, design or expression which identifies products or services of a
particular source from those of others.
Patent a set of exclusive rights granted to an inventor or assignee for a limited period of time in
exchange for detailed public disclosure of an invention. An invention is a solution to a specific
technological problem and is a product or a process.
Q: What are non-patentable inventions?
A: The following are excluded from patents:
Discoveries, scientific theories and mathematical methods;
Schemes, rules and methods of performing mental acts, playing games or doing business, and
programs for computers;
Methods for treatment of the human or animal body by surgery or therapy and diagnostic
methods practiced on the human or animal body. This does not apply to products and
composition for use in any of these methods;
Plant varieties or animal breeds or essentially biological process for the production of plants or
animals. This shall not apply to micro-organisms and non-biological processes.
Aesthetic creations; and
Anything which is contrary to public order or morality.

Q: What is the first-to-file rule?

A: If two or more persons have made the invention separately and independently of each other, the
right to the patent shall belong to the person who filed an application for such invention, or where two
or more applications are filed for the same invention, to the applicant who has the earliest filing date, or
the earliest priority date.
Q: What are the remedies of the True and Actual Inventor?
A: If a person, who was deprived of the patent without his consent or through fraud is declared by final
court order or decision to be the true and actual inventor, the court shall order for his substitution as
patentee, or at the option of the true inventor, cancel the patent, and award actual and other damages in
his favor if warranted by circumstances.