Characterizing Intellectual Property

Copyright is often run by regulatory offices focusing on copyright only, and patents by patent offices. Sometimes, patent offices (eg US and Japan) administer trademarks as well. Characterizing of intellectual property highlights a possible bundle of intellectual property rights that beneficiaries may acquire in different stages of the research and development of a high concept or a bright idea.

"Intellectual" relates to the intellect. The human faculty in us generates concept or ideas. I characterize undisclosed information, copyright and unregistered designs as "intellectual" property in its narrow sense.

"Industrial" refers to industry. The economic activity manufactures goods in factories for consumption. I characterize registered industrial designs, inventive patents, integrated circuit layout-designs, and even new plant varieties, as "industrial" property.

"Commercial" is concerned with trade. Vendors sell and consumers buy goods and services in markets. I characterize trademarks, geographical indications and domain names as "commercial" property.

Hong Kong is probably the first territory in the world to have a regulatory office dealing with undisclosed information, copyright, registered designs, integrated circuit layout-designs, patents and trademarks. Its establishment was the result of lessons learned during the GATT-TRIPS negotiations that began in the late 1980s. Actors (including me) found that there was a need to have an institution to play the strategic role on intellectual property matters.