Thursday, January 17, 2013

INTELLECTUAL PROPERTY – Whose baby is it anyway?




In today’s world of copy & paste via computers and the Internet, original work is becoming somewhat of a dying art form. However, most tertiary institutions around the world are combating this by having strict plagiarism policies and proof of ownership of work. In fact, universities and education institutions in the west earn revenue from the intellectual property created by their students and staff alike. But this is only in academia. In developed nations and amongst corporations and multinational companies, there are also patent and copyright laws, which further ensure ideas, and inventions belong to the original owner. In the most recent case we can look at Samsung’s suing of Apple over such a topic. Not only does intellectual property affect companies, but it may also affect countries’ rights or lack there of to produce goods as this article by Henry Mitzberg suggests.

So what is intellectual property? It is not a new concept but I find – especially in Tanzania and probably most of Africa – that it is a concept that is not understood or even thought to be able to physically possess. On the contrary, not only can it be possessed, it can be transferred and modified just like any other physical properties.

Intellectual property is “Intangible property that include ‘patents’, ‘trade marks’, ‘copyright’ and registered and un registered ‘design rights.” Conventional intellectual property is categorized into two categories: -

1. Industrial property – which consist of patents of invention trade and service marks, industrial designs, geographical indication of origin, undisclosed information (trade secrets), integrated circuits topography.

2. Copyrights which include – literary and artistic works performance, architectural designs and some kinds of computer databases.

In the case of Tanzania, one would be surprised at just how long intellectual property right laws have been in place. According to a workshop that was conducted by Tanzania Chamber of Commerce, Industry & Agriculture (TCCIA) and World Intellectual Property Organization (WIPO) in May 2005, intellectual property right laws were implemented by British colonialist in 1924 and Tanzania became a member of WIPO in 1983 (source: WIPO) of course who these rights protected is a debatable issue on it own.