Intellectual property refers to creations of the mind like inventions, literary and artistic works, designs, names and symbols. It is divided into two branches: industrial property like patents, trademarks and designs, and copyright for creative works. The main purpose of intellectual property law is to encourage innovation by granting limited monopoly rights to creators and inventors. There are several types of intellectual property including patents for inventions, copyrights for creative works, trademarks for distinguishing business sources, and geographical indications for goods linked to their place of origin. Intellectual property laws aim to promote creativity while allowing for fair use of creations.
Legislation pending before Congress would give designers intellectual property rights over their designs for the first time in U. S. history.
Will this help or hinder the fashion industry? Will designers finally be able to prevent unauthorized reproductions? Or will their creativity be hobbled if they can’t borrow inspiration from each other?
Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.
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Legislation pending before Congress would give designers intellectual property rights over their designs for the first time in U. S. history.
Will this help or hinder the fashion industry? Will designers finally be able to prevent unauthorized reproductions? Or will their creativity be hobbled if they can’t borrow inspiration from each other?
Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.
↓↓↓↓ Read More:
@ Kindly Follow my Instagram Page to discuss about your mental health problems-
-----> https://instagram.com/mentality_streak?utm_medium=copy_link
@ Appreciate my work:
-----> behance.net/burhanahmed1
Thank-you !
Running Head:INTELLECTUAL PROPERTY1
INTELLECTUAL PROPERTY13
Intellectual Property
Student’s Name
Institutional Affiliation
INTELLECTUAL PROPERTY
Abstract
Intellectual property (IP) denotes to conceptions of the mind, such as discoveries; fictional and imaginative workings; designs; and cyphers, labels and imageries used in business. Intellectual Property is secured in law by, for instance, copyrights, patents and trademarks, which empower individuals to receive acknowledgement or monetarist benefit from what they discover or generate. By striking the right equilibrium amid the welfares of innovators and the broader communal interest, the Intellectual Property system purposes to bring in an atmosphere in which originality and novelty can flourish (Cornish, Llewelyn, &Aplin, 2013).
The main aim of intellectual property in law is to ensure that investigators enjoy the benefits of their inventions before the general public take up the opportunity and take advantage. These laws protect against piracy when it comes to property such music, plagiarism when it comes to property such as written works and protecting against stealing of emblems, logos and colors. This is to ensure ethical behavior in the field of business and encourage innovation of novel products in different industries.
This assignment encompasses intellectual property, it denotes and explains some of the very important intellectual property rights which include patents, copyrights, industrial design rights, plant varieties and trademarks just but to mention a few. The paper also explains the benefits of having intellectual property rights and the advantages it offers the proprietors. It goes further to explain some of the limitations that copyrights have and how both the public and the inventor or the creator can both benefit from the invention. The paper concludes by explaining how intellectual property and software can be protected.
Intellectual Property Rights
Intellectual property rights are similar to any other property right. They permit inventers, or proprietors, of charters, emblems or copyrighted workings to profit from their individual effort or investment in a conception. These rights are known both national and recognized by international bodies and for that reason they delineated in Article 27 of the Universal Declaration of Human Rights, which offers for the right to profit from the fortification of ethical and substantialwelfaressubsequent ofcomposition of methodical, fictional or imaginativeinventions. The intellectual property rights include the following copyright, patents, trademarks, industrial designs and geographical indications, plant varieties, trade dress and trade secrets. All these rights are explained below:
Patents
A patent is a high-class right allowed for a discovery – an artefact or procedure that delivers a novel technique of undertaking something, or that provides a novelmechanicalresolution to somethingproblematic. A patent delivers pate.
This pdf is about intellectual property rights in which we discuss patent role in india, copyright, trademark, industrial design, geographic indication, etc
Running Head:INTELLECTUAL PROPERTY1
INTELLECTUAL PROPERTY13
Intellectual Property
Student’s Name
Institutional Affiliation
INTELLECTUAL PROPERTY
Abstract
Intellectual property (IP) denotes to conceptions of the mind, such as discoveries; fictional and imaginative workings; designs; and cyphers, labels and imageries used in business. Intellectual Property is secured in law by, for instance, copyrights, patents and trademarks, which empower individuals to receive acknowledgement or monetarist benefit from what they discover or generate. By striking the right equilibrium amid the welfares of innovators and the broader communal interest, the Intellectual Property system purposes to bring in an atmosphere in which originality and novelty can flourish (Cornish, Llewelyn, &Aplin, 2013).
The main aim of intellectual property in law is to ensure that investigators enjoy the benefits of their inventions before the general public take up the opportunity and take advantage. These laws protect against piracy when it comes to property such music, plagiarism when it comes to property such as written works and protecting against stealing of emblems, logos and colors. This is to ensure ethical behavior in the field of business and encourage innovation of novel products in different industries.
This assignment encompasses intellectual property, it denotes and explains some of the very important intellectual property rights which include patents, copyrights, industrial design rights, plant varieties and trademarks just but to mention a few. The paper also explains the benefits of having intellectual property rights and the advantages it offers the proprietors. It goes further to explain some of the limitations that copyrights have and how both the public and the inventor or the creator can both benefit from the invention. The paper concludes by explaining how intellectual property and software can be protected.
Intellectual Property Rights
Intellectual property rights are similar to any other property right. They permit inventers, or proprietors, of charters, emblems or copyrighted workings to profit from their individual effort or investment in a conception. These rights are known both national and recognized by international bodies and for that reason they delineated in Article 27 of the Universal Declaration of Human Rights, which offers for the right to profit from the fortification of ethical and substantialwelfaressubsequent ofcomposition of methodical, fictional or imaginativeinventions. The intellectual property rights include the following copyright, patents, trademarks, industrial designs and geographical indications, plant varieties, trade dress and trade secrets. All these rights are explained below:
Patents
A patent is a high-class right allowed for a discovery – an artefact or procedure that delivers a novel technique of undertaking something, or that provides a novelmechanicalresolution to somethingproblematic. A patent delivers pate.
This pdf is about intellectual property rights in which we discuss patent role in india, copyright, trademark, industrial design, geographic indication, etc
How to register a trademark in colombia Nisimblat Law Offices Bogota ColombiaNISIMBLATLAWOFFICES
This article explain how to register a trademark in Colombia. It begins explaining what is intellectual property, what is a trademark, what type of trademarks there are, what can be and what can not be registered as a trademark, which is the process, which are the legal proceedings, and what rights are derived form the registration.
Giovanni Natera
Director
Intellectual Property Division
Nisimblat Law Offices
www.nisimblatabogados.com
info@nisimblatgroup.com
Tel. 5716917862-2363018
Impact of Intellectual Property Rights on International Trade and relations. Indian Economy and new innovations. Patents. Copyrights. Geographical Indicators. Evolution of IPR
INTRODUCTION TO BASICS OF IPR & TRADEMARKS BY SHRADDHA PANDITSHRADDHA PANDIT
This PPT was created for Guest Lecture at SVKM's Sunandan Divatia School of Science, NMIMS, Mumbai in 2023. This is a PPT on basics of Intellectual Property Rights and Trademarks. It is useful for students of BA.LLB, BBA.LLB, LLB, BAF., BSc. and MSc.
Teachers can use it to teach the topic. Use discussion method of classroom pedagogy.
Students should refer to textbooks and reference books for in-depth study.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
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As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
3. What Is Intellectual
Property?
• Intellectual property is a broad cate
gorical description for the set of
intanible assets owned and legally
protected by a company from outsi
de use or implementation without c
onsent. An intangible asset is a non
physical asset that a company own
s.
4. Purpose of IP
• The main purpose of intellectual property law is to encourage the creation
of a wide variety of intellectual goods. To achieve this, the law gives
people and businesses property rights to the information
and intellectual goods they create, usually for a limited period of time.
5. • The importance of protecting intellectual prope
rty was first recognized in the Paris Conventio
n for the Protection of Industrial Property in 18
83 and the Berne Convention for the Protectio
n of Literary and Artistic Works in 1886. Both
treaties are administered by the World Intellect
ual Property Organization (WIPO).
• Countries generally have laws to protect intelle
ctual property for two main reasons. One is to
give statutory expression to the moral and econ
omic rights of creators in their creations and to
the rights of the public in accessing those crea
tions. The second is to promote creativity, and
the dissemination and application of its results,
and to encourage fair trade, which would cont
ribute to economic and social development
6. The two Branches of IP
• The Two Branches of Intellectual Property: Industrial Property and Copyright Intellectual property
is usually divided into two branches, namely industrial property, which broadly speaking protects i
nventions, and copyright, which protects literary and artistic works.
• Industrial property takes a range of forms. These include patents to protect inventions, and industri
al designs, which are aesthetic creations determining the appearance of industrial products. Industri
al property also covers trademarks, service marks, layoutdesigns of integrated circuits, commercial
names and designations, as well as geographical indications, and protection against unfair competiti
on.
• Copyright is a form of protection provided to the authors of “original works of authorship” includi
ng literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpu
blished. The 1976 Copyright Act generally gives the owner of copyright the exclusive right to repro
duce the copyrighted work, to prepare derivative works, to distribute copies or phonorecords of the
copyrighted work, to perform the copyrighted work publicly, or to display the copyrighted work pu
blicly. The copyright protects the form of expression rather than the subject matter of the writing. F
or example,
a description of a machine could be copyrighted, but this would only prevent others from copying t
he description; it would not prevent others from writing a description of their own or from making
and using the machine.
8. Patents
• A patent is an exclusive right granted
for an invention. Generally speaking,
a patent provides the patent owner
with the right to decide how - or
whether - the invention can be used by
others. In exchange for this right, the
patent owner makes technical
information about the invention
publicly available in the published
patent document.
9. What Can Be Patented?
“. . . anything under the sun that is made by man.”
U.S. Supreme Court in Diamond v. Chakrabarty, 447 U.S. 303 (1980)
10. The innovation is
patentable subject
matter.
The innovation is new
(called novelty)
The innovation is
inventive.
The innovation is
useful (called utility) .
The innovation must
not have prior use.
Patentability
Requirments
11. Coca Cola Patent
• Had John Pemberton decided to patent the
formula for Coca Cola when he invented it in
1886, the formula would now be free to be
copied by anyone. Instead, Coca Cola remains
a leader in the world's soft drink industry based
on its trade secret formula, over 100 years
later.
12.
13. Copyright
• Copyright is a legal term used to
describe the rights that creators
have over their literary and artistic
works. Works covered by
copyright range from books,
music, paintings, sculpture and
films, to computer programs,
databases, advertisements, maps
and technical drawings.
16. Trademarks
• Trademarks are phrases, pictures, nam
es, or symbols used to identify a partic
ular organization .Trademarks are imp
ortant because they help an organizati
on stand out and build an identity in th
e marketplace. Some trademarks are s
o iconic that almost all consumers rec
ognize them, including McDonald’s g
olden arches, the Nike swoosh, and A
pple’s outline of an apple.
17. Trademarks normally perform four main functions:
Distinguishing the
products or services
of one enterprise
from those of other
enterprises
• Referring to a
particular enterprise
which offers the
products or services
on the market
• Referring to a
particular quality of
the product or service
for which it is used
• Promoting the
marketing and sale of
products, and the
marketing and
rendering of services.
18. The Christian
Louboutin registered
trademark
•Other trademarks help rising companies
carve out a unique niche for themselves. For
example, French shoe designer Christian
Louboutin has trademarked the signature red
sole of his designer shoes. Because these
shoes sell for many hundreds of dollars via
upscale retailers such as Neiman Marcus and
Saks Fifth Avenue, competitors would love to
copy their look. Thus legally protecting the
distinctive red sole from imitation helps
preserve Louboutin’s profits.
20. • Name – Coco Chanel is a perfect example of a name that
is a trademark. The famous designer Coco Chanel built her
successful fashion empire by using her name. People
knew that if they were to purchase a Coco Chanel product
they were going to receive quality craftsmanship. Through
her reputation of having excellent taste, her name became
recognizable around the world. Her name is considered a
trademark because it is also the brand name of her company
and is used to distinguish herself from other designers and
generic clothing manufacturers.
21. • Symbol – The McDonalds golden arch is a classic
example of a symbol trademark. Golden arches align
interstate highways to alert customers when there is a
McDonalds located at next exit. There is no mention
of the name McDonalds on these golden
arches. McDonalds does not need to. The general
public, by in large, as well as their customers know that
a golden arch represents McDonalds. Their golden
arch symbol clearly differentiates them from other fast
food restaurants.
22. • Catchphrases – a catchphrase that is
identifiable to a person or company that is used
to sell merchandise can be trademarked. Donald
Trump’s “You’re Fired” is a perfect example of a
trademark catchphrase. Donald Trump uses his
catchphrase on his reality television show “The
Apprentice”.
23. • Lyrics – A songwriter’s lyrics are
trademarks. Bob Seger and the Silver Bullet Band
made a hit single song “Like a Rock” in 1986. In
1991, this song helped Chevrolet bounce back
from a near bankruptcy situation. The “Like a
Rock” commercials were so successful that these
commercials were used for over ten
years. Chevrolet paid Seger royalties for licensing
his trademark, “Like a Rock”.
24. Geografical indication
• What do Champagne, Darjeeling Tea, Columbian Coffee
or Swiss Cheese/Watches/CuckooClocks/Chocolates
have in common? They are all examples of geographical
indications.
• Geographical indicationsand appellationsof origin are
signs used on goods that have a specific geographical
origin and possess qualities, a reputationor
characteristics that are essentially attributable to that
place of origin. Most commonly, a geographical
indication includesthe name of the place of origin of the
goods.
25. Difference between Trademarks and Geographical Indication
• A trademark can be name, sign, or identity of a brand or business, which further differentiates the goods orservices of one
business entity from the others. A technology company is still a technology company; however, based on the manufacturer’s
trademark, it can be well-distinguished. For instance, Microsoft and Apple are the Registered Trademarks of individual
technology companies.
• A Trademark Registration is usually filed by a single business entity or individual, whereas Geographical Indication
Protection is granted to a group of manufacturers, who belong to a particular location, where the good was first originated.
• Only a single person, business entity, or a manufacturer can use a registered trademark, while all the producers or manufacturers
in the same locality or region are permitted to the use the same GI.
• A trademark can be a word, letter, numeral (or numerals), a combination of numerals and letters, hologram, sound, smell, an
abbreviation, a name, or a device. However, GIs can only be names or symbols corresponding to a particular region or place.
• A trademark is a result of human creativity or intellect, which further determines its uniqueness or distinctiveness. A trademark
can be suggestive, arbitrary, or distinctive. On the other hand, GIs identify the goods based on their place of origin. Factors like
climate, topography, human work (of a specific geographical location), amongst many others, determine the nature of the GIs.
• The prime similarity (and the only one) between a trademark and a GI is that both function as source indicators. The distinction
between the two in this context again correspondsto the fact that a trademark identifies a service or good originating from a
specific producer, while a GI identifies the geographical location or region from where the good originates. As boththese forms
of Intellectual Property (IP) work as a tool for identifying a good or service, people often tend to get confused between a
trademark and a GI.
26. Industrial design
•An industrial design constitutes the
ornamental or aesthetic aspect of an
article. A design may consist of three-
dimensional features, such as the
shape or surface of an article, or of
two-dimensional features, such as
patterns, lines or color.
27. Trade Secret
A trade secret is any practice or proce
ss of a company that is generally not
known outside of the company. Infor
mation considered a trade secret give
s the company an economic advantag
e over its competitors and is often a p
roduct of internal research and
development.
28. • Thomas Woolston wins court against eBay.
• In 1995 entrepreneur applied for two patents protecting eBay's current sales
methods.
• Damages paid- $ 35 million
29. Understanding Trade
Secrets
• Trade secrets may take a variety of
forms, such as a proprietary
process, instrument, pattern, design,
formula, recipe, method, or practice that
is not evident to others and may be used
as a means to create an enterprise that
offers an advantage over competitors or
provides value to customers.
30. Trade secrets are defined differently
based on jurisdiction, but all have the
following characteristics in common:
• They are not public information.
• Their secrecy provides an economic
benefit to their holder.
• Their secrecy is actively protected.
31. Why Protect Your Inventions?
• Showcase your technology.
• Block your competition.
• Protect an area of research while you identify a product.
• Licensing revenue.
• Source of recognition for the inventor.
• Stimulates innovation and economic growth by protecting investment.
32. How to protect IP
• Register copyrights, trademarks, and patents.
• Register business, product or domain names.
• Create confidentiality, non-disclosure or licensing contracts for employees
and partners.
• Implement security measures.
• Avoid joint ownership.
33. References
• A(2020a, January 30). Understanding the Difference Between Trademark and Geographical Indication. Kashish Intellectual Property Group. https://www.kashishworld
.com/blog/understanding-the-difference-between-trademark-and-geographical-indication/
• Housing and Public Works. (2019, August 5). What are the 5 requirements for obtaining a patent? Business Queensland. https://www.business.qld.gov.au/running-
business/protecting-business/ip-kit/browse-ip-topics/new-products,-processes-and-inventions-patents/five-requirements
• How Trade Secrets Work. (n.d.). Investopedia. Retrieved December 2, 2020, from https://www.investopedia.com/terms/t/trade-secret.asp
• How to Protect Intellectual Property in 5 Different Ways. (2019, April 18). Copyrhited. https://www.copyrighted.com/blog/protect-intellectual-property
• Intellectual Property. (n.d.). 2012 Books. Retrieved December 2, 2020, from https://2012books.lardbucket.org/books/strategic-management-evaluation-and-
execution/s08-02-intellectual-property.html
• Intellectual Property. (n.d.-b). Investopedia. Retrieved December 2, 2020, from https://www.investopedia.com/terms/i/intellectualproperty.asp
• M. (2020, October 22). Different Types of Intellectual Property Rights and Why They Are Important. InQuartik’s Official Website. https://www.inquartik.com/inq-
intellectual-property-rights/
• Malek, W. (2020, August 28). Five Classic Examples of Trademark. Widerman Malek, PL. https://www.legalteamusa.net/five-classic-examples-of-trademark/
• What is Intellectual Property (IP)? (n.d.). Wipo. Retrieved December 2, 2020, from https://www.wipo.int/about-ip/en/
• Wikipedia contributors. (2020b, October 25). Diamond v. Chakrabarty. Wikipedia. https://en.wikipedia.org/wiki/Diamond_v._Chakrabarty
• Wikipedia contributors.
(2020c, November 28). Intellectual property. Wikipedia. https://en.wikipedia.org/wiki/Intellectual_property#:%7E:text=The%20main%20purpose%20of%20intellectu
al,a%20limited%20period%20of%20time.
• World Intellectual Property Organization & World Intellectual Property Organization. (2004). WIPO Intellectual Property Handbook. WIPO.