Intellectual Property Rights Primer

Intellectual property is any idea or work that can be considered proprietary in nature and is thus protected from infrigement by others.

Four Types of Intellectual Property

The law of many countries recognizes four kinds of intellectual property:

A trademark is a graphic symbol, device or slogan that identifies a business. A business has property right to its trademark from the inception of its use (in USA) or since its registration (in Europe). Trademark laws guarantee that a special mark placed on a certain kind of goods indicates the origin of the goods; more specifically the manufacturer of the goods or a service provider. Accepting trademarks as intellectual property is an effective solution to a practical problem: how to protect the public against inferior goods produced by pirates.

A patent is a right given to an inventor for a limited period of time; this right allows the inventor to treat an idea as his/her property and to prevent anyone else from using it without his/her permission.

A copyright is much the same thing as a patent, except that it deals with "creations"; the expressions of the creative mind. Copyright is a legal form of protection available to creators and authors to safeguard their works from unlawful use or claim of ownership by others for a limited period. Copyrights may be acquired for works of art, sculpture, music and published or unpublished manuscripts.

A trade secret is a commercially valuable idea that is now disclosed to the public.

 

Type of Property Right

 

The Subject of the Property Right

The Nature of the Right

 

How the Grant of Property Rights Benefits the Public

Trademark

Marks placed on goods to guarantee their origin

No-one allowed to use the mark without the permission of the owner

The public is defended from false goods and services effectively and at little cost to the Government

Patent

Inventions (either of products or of processes)

No-one is allowed to profit from the invention without the inventor's permission for a certain period of time

The invention is made public; after the patent period the public can use the idea freely. Invention is stimulated

Copyright

Created works of writing, music or visual art

No-one is allowed to profit from the expression of the work without the permission of the creator for a limited period of time

Creative activity is stimulated

Trade Secret

Inventions (of any kind)

Uncertain

Uncertain