The intellectual property rights definition gives the creator or holder exclusive rights to the ip for varying lengths of time, depending upon the type of intellectual property.
In the United States, Intellectual Property rights are overseen by the United States Patent and Trademark Office, and the United States Copyright Office.
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Worldwide, the officiating body is the World Intellectual Property Organization, for all those countries participating.
Intellectual property is split into two categories: Industrial property. This includes inventions (patents), trademarks, industrial designs, and geographic indications of source; and Copyright, which includes literary and artistic 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 producers of phonograms in their recordings, artists in their performances, and those of broadcasters in their radio and tv programs.
Another intellectual property is the copyrights where the literary invention such as music plays and poems, films, and artistic works like painting sculpture, architectural designs, drawing and photography becomes the intellectual property of the holder or inventor. Sometimes few innovative indigenous works of local community people are also added as the intellectual property.
Most people have a general understanding of what it means by copyright, patents and trademark, but the other areas covered by WIPO aren’t as well known. Most of this information can be found in detail in the WIPO Intellectual Property Handbook: Policy, Law and Use, Chapter two.
Patents cover inventions. These can be utility patents, plant patents, and design patents. The process of filing for a patent can be time consuming, and somewhat costly.
Copyright protects intellectual assets of a creative or artistic nature. Copyright often lasts 50 to 70 years of the creator’s death. In some countries, your copyright must be registered to become effective. In the United States, copyright is established once a work is created; in the event of software, or a digital drawing, even as soon as it is stored in the hard drive. However, registering your copyright gives you additional rights. In this article, you know how to read about the steps required to get a copyright registered.
When you register your intellectual property for copyright protection, it proves that you have ownership and will aid you if you ever have to fight against copyright infringement.
You should be borne in mind that the registration of your work isn’t necessarily a situation of protection. Instead it establishes a copyright claim once your work has become public record. In order to file an infringement law suit you’ve got to have proof of copyright registration of said work. If you work is registered and copyrighted this will hold up in a court of justice and establish prima facie evidence proving that you have legitimacy of your copyright and the facts itemized in the certificate, within the first five years it has been in publication.
Works of U.S. origin must have copyright protection, with a view to file suit against someone who is infringing upon it. If you copyright your work three months after it has seen publication or prior to an infringement of your work, statutory damages and fees applied by attorney’s will be open to the holder of the copyright in court actions. The profits and damages are only accessible to the actual ownership of the copyright. You need to register your work within the U.S. Customs Service in order to receive protection against infringing copies and importation.
You don’t necessarily required to register for the copyright of none of your work when you first create it. You can copyright it at any time during the duration of your creation. There are a few steps you’ll need to take to register your work for copyright purposes. You can register via paper registration. Basically, this means that you’ve to mail three items to the Library of Congress.
There are several different forms available for you to complete depending on the type of work you’re trying to register for copyright protection. You can find these forms online by looking up copyright procedures on the net. Below is a listing of the forms and the type of copyright that is applicable to them.
Along with the shape that is filled in properly, you’ll need to dispatch in a cheque for the filing fee which is nonrefundable. There is a filing fee for each application. The last filing fee listed in 2011 was thirty five dollars. This fee may be more depending on how you will file your copyright form. You may want to be up current rates and procedures to make sure you’re following copyright filing guidelines. These can be found online, as well.
Trademarks are symbols, words or phrases that identify a product or company. It must be registered like a patent to protect it from use by others. Trademarks do not expire as long as the conditions for filing for its continual use are met unlike most forms of intellectual property. In the US trademarks are applied for at the United States Patent and Trademark Office. TM is generally used adjacent to a trademark to indicate that it’s a registered trademark.
One area which falls under trademarks is trade names. A company can own several trademarks in their business. However, they normally have one Trade Name, to distinguish themselves from their competitors. The name is independent of whatever the products are which the company sells under a particular trademark. Trade Names can be long, and also need to indicate inform ation about the type of enterprise. They need to include incorporated, or Company, or Ltd. for a limited company.
An example is the General Electric Company. General Electric Company is the registered trade name, with the registered trademarks General Electric, their monogram, and GE. They also own such trademarks as imagination at work and ecomagination, among others.
Other areas under the umbrella concept of trademarks are franchises, such as Burger King, and famous character names, such as Tarzan, Charlie Chaplin, and Mickey Mouse. These can come from pictorial matter, literature, or actual people, and are all used as recognizable figures in merchandising. However, there are protections for live people against unauthorized use of their names, images or other characteristics. These are above the rights to intellectual property. This is generally covered under such rights as those to privacy and protection against libel or defamation.
Trade secrets often consist of information which could be patentable, such as the formula for Coca Cola’. However, patents expire, whereas a trade secret, if it isn’t discovered, can continue to be employed exclusively by a company for an indeterminate length of time, so some companies make the decision that it is best for the company not to patent the information. Protection for trade secrets generally falls within the intellectual property rights for Protection Against Unfair Competition. Usually, if a trade secret is independently discovered, its intellectual property rights are lost.
On the next page we look at integrated circuit protection, protection against unfair competition, geographical indications, and the desirability of protecting intellectual property.
In the United States, industrial design protection is covered under design patents, but other countries such as the UK, Japan, and France have made explicit provisions for protection of industrial design.
Geographic Indications is a varied concept. The term Geographical Indication has only lately begun to be employed in international negotiations. An earlier term, still used in WIPO documents, is appellation of origin. This is a geographical location used to designate a product from that region.
Champagne isn’t the trademark for a particular winery. It is the panel of wines of a particular type coming from the Champagne area of France. It is meant to retain the use of the term exclusively for wine from that location, and not allow it to be employed in ways such as ‘champagne-like’ wine from California. It also includes symbols associated with a geographical region, such as the Eiffel Tower in Paris, France, or the Statue of Liberty with New York City, in the United States.
Areas which are affected by this counterfeiting include the manufacture of consumer goods, technological devices, software piracy, and products from pharmaceutical companies.
Congress has created criminal laws covering violations of intellectual property, and Stopfakes.gov is a good gateway to information on the issue of intellectual property theft, and recourse when theft has happened.
Protection of intellectual property falls under main two areas: Piracy and counterfeiting. Counterfeiting is the illicit copying of products (fakes). Piracy refers to the illicit copying of material that is copyrighted.
According to FBI, Interpol, World Customs Organization and International Chamber of Commerce estimates, roughly 7-8% of world trade every year is in counterfeit goods. That is the equivalent of as much as $512 billion in global lost sales. Of that amount, U.S. companies lose between $200 billion and $250 billion. IP theft has a major influence at home, too. According to the U.S. Chamber of Commerce; overall intellectual property theft costs 750, 000 U.S. jobs a year.