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    Intellectual Property Rights: Definition and Examples

    Explore the world of intellectual property law and discover the specific skills required to be an IP lawyer.

    Intellectual Property Rights: Definition and Examples

    Apr 15, 2021 | Uncategorized

    Do you want to work on mechanical or software patents? Litigate rights in music or art? Or counsel corporate clients on how to license their content while protecting it? The intellectual property rights field is diverse, with many lucrative sectors.

    Explore the definition and examples of intellectual property law while discovering the various roles of IP lawyers.

    What is the Definition of Intellectual Property Rights?

    The definition of intellectual property rights is any and all rights associated with intangible assets owned by a person or company and protected against use without consent. Intangible assets refer to non-physical property, including right of ownership in intellectual property . Examples of intellectual property rights include:

    Patents Domain names Industrial design

    Confidential information

    Inventions Moral rights Database rights Works of authorship Service marks Logos Trademarks Design rights

    Business or trade names

    Commercial secrets Computer software

    What Are the Types of Intellectual Property?

    There are four main types of intellectual property rights, including patents, trademarks, copyrights, and trade secrets. Owners of intellectual property frequently use more than one of these types of intellectual property law to protect the same intangible assets. For instance, trademark law protects a product’s name, whereas copyright law covers its tagline.

    1. Patents

    The U.S. Patent and Trademark Office grants property rights to original inventions, from processes to machines. Patent law protects inventions from use by others and gives exclusive rights to one or more inventors. Technology companies commonly use patents, as seen in the patent for the first computer to protect their investment in creating new and innovative products. The three types of patents consist of:

    Design patents: Protection for the aesthetics of a device or invention. Ornamental design patents include a product’s shape (Coca-Cola bottle), emojis, fonts, or any other distinct visual traits.Plant patents: Safeguards for new varieties of plants. An example of a plant patent is pest-free versions of fruit trees. But inventors may also want a design patient if the tree has unique visual properties.Utility patents: Protection for a product that serves a practical purpose and is useful. IP examples include vehicle safety systems, software, and pharmaceuticals. This was the first, and is still the largest, area of patent law.

    2. Trademarks

    Trademarks protect logos, sounds, words, colors, or symbols used by a company to distinguish its service or product. Trademark examples include the Twitter logo, McDonald’s golden arches, and the font used by Dunkin.

    Although patents protect one product, trademarks may cover a group of products. The Lanham Act, also called the Trademark Act of 1946, governs trademarks, infringement, and service marks.

    3. Copyrights

    Copyright law protects the rights of the original creator of original works of intellectual property. Unlike patents, copyrights must be tangible. For instance, you can’t copyright an idea. But you can write down an original speech, poem, or song and get a copyright.

    Once someone creates an original work of authorship (OWA), the author automatically owns the copyright. But, registering with the U.S. Copyright Office gives owners a head-start in the legal system.

    4. Trade Secrets

    Trade secrets are a company’s intellectual property that isn’t public, has economic value, and carries information. They may be a formula, recipe, or process used to gain a competitive advantage.

    To qualify as a trade secret, companies must work to protect proprietary information actively. Once the information is public knowledge, then it’s no longer protected under trade secrets laws. According to 18 USC § 1839(3), assets may be tangible or intangible, and a trade secret can involve information that’s:

    Business Financial Technical Economic Scientific Engineering

    Two well-known examples include the recipe for Coca-Cola and Google’s search algorithm. Although a patent is public, trade secrets remain unavailable to anyone but the owner.

    What Are Some Examples of Violations of Intellectual Property?

    The significant violations of intellectual property consist of infringement, counterfeiting, and misappropriation of trade secrets. Violations of intellectual property include:

    Creating a logo or name meant to confuse buyers into thinking they’re buying the original brand

    Recording video or music without authorization or copying copyrighted materials (yes, even on a photocopier, for private use)

    Copying another person’s patent and marketing it as a new patent

    Manufacturing patented goods without a license to do so

    Since intellectual property can be bought, sold, or leased out, it offers many protections equal to real property ownership. Likewise, similar remedies exist. A dispute may end with property confiscation, an order of monetary damages, or cease and desist orders.

    स्रोत : stfrancislaw.com

    Different Types of Intellectual Property Rights and Why They Are Important

    Learn more about the various types of intellectual property rights (patents, trademarks, copyrights, and trade secrets) and their different benefits and protection.

    Different Types of Intellectual Property Rights and Why They Are Important

    January 13th, 2022 ‧ 4 min read

    Table of contents

    What Are Intellectual Property Rights?

    The Importance of Intellectual Property Rights

    Types of Intellectual Property Rights

    What Are Intellectual Property Rights?

    Intellectual property rights are legal rights that provide creators protection for original works, inventions, or the appearance of products, artistic works, scientific developments, and so on.

    Basically speaking, intellectual property rights are a common type of legal IP protection for those who invent.

    These rights have contributed enormously to the world, in particular economically.

    Many companies in various industries rely on the enforcement of their patents, trademarks, and copyrights, while consumers can also be assured of quality when purchasing IP-backed products.

    Now, let’s better understand the benefits IP delivers and how we should value the different protection types of intellectual property rights.

    The Importance of Intellectual Property Rights

    The purpose of intellectual property rights is to encourage new creations, including technology, artwork, and inventions, that might increase economic growth. Intellectual property rights increase the incentives for individuals to continue to produce things that further create job opportunities and new technologies while enabling our world to improve and evolve even faster.

    According to The U.S. Chamber of Commerce’s Global Innovation Policy Center:

    Intellectual Property Creates and Supports High-Paying Jobs

    IP-intensive industries employ over 45 million Americans and hundreds of millions of other people worldwide. The average worker in an IP industry earns about 46% more than their counterpart in a non-IP industry.

    Intellectual Property Drives Economic Growth and Competitiveness

    America’s IP industry is worth approximately US$ 6.6 trillion, which is more than the nominal GDP of any other country in the world. IP-intensive industries account for over 1/3 (or 38.2%) of total U.S. GDP. 52% of all U.S. merchandise exports are related to IP, amounting to nearly US$ 842 billion.

    Types of Intellectual Property Rights

    There are four types of intellectual property rights (IP): patents, trademarks, copyrights, and trade secrets.

    Patent

    A patent is used to prevent an invention from being created, sold, or used by another party without permission. Patents are the most common type of intellectual property rights that come to people’s minds when they think of intellectual property rights protection. A patent owner has every right to commercialize his/her/its patent, including buying and selling the patent or granting a license to the invention to any third party under mutually agreed terms.

    In the U.S., patents can be categorized into three types: utility, design, and plant.

    UtilityA utility patent is what most people think of when they hear the word “patent.” It is also the most common type of patent that inventors apply for. A utility patent protects the creation of new or improved products, processes, compositions of matter, or machines that are useful.

    In addition, once a utility patent is granted, the patent owner will have the right to exclude anyone from making, using, or selling this invention for 20 years, starting from the date the patent application was filed.

    An example of utility patent: Method for a driver assistance system of a vehicle US9772626B2

    DesignA design patent only protects the ornamental characteristics and the appearance of a product, but not the structural and functional features. Since design patents and utility patents provide completely different areas of intellectual property protection, you can apply for both utility and design patents for the same product.

    Unlike utility patents, design patents have a 15-year term.

    An example of design patent: Electric bicycle USD845178S1

    PlantA plant patent protects new kinds of plants that have been reproduced asexually. This means that the plant has been reproduced by seeds, cuttings, or other nonsexual means. Also, it cannot be a tuber-propagated plant or a plant that is still uncultivated.

    Plant patents also have a 20-year term.

    An example of plant patent: Crapemyrtle plant named ‘JM1’ USPP31585P2

    Trademark

    Source: Color Matters

    Trademarks are another familiar type of intellectual property rights protection. A trademark is a distinctive sign that allows consumers to identify the particular goods or services a company provides easily. Some examples include McDonald’s golden arch, the Facebook logo, and so on. A trademark can come in the form of text, a phrase, symbol, sound, smell, or color scheme. Unlike patents, a trademark can protect a set or class of products or services instead of just one product or process.

    Copyright

    Copyright does not protect ideas. Instead, it only covers “tangible” forms of creations and original work–for example, art, music, architectural drawings, or even software codes. The copyright owner has the exclusive right to sell, publish, and/or reproduce any literary, musical, dramatic, artistic, or architectural work created by the author.

    स्रोत : www.inquartik.com

    Intellectual Property Rights in the Food Industry

    Intellectual Property Protection can safeguard many things right from the foremost step of manufacturing, i.e., production of ingredients, creation of recipes, to the last steps such as labeling, marketing, and branding of the final product.

    INTELLECTUAL PROPERTY

    Intellectual Property Rights in the Food Industry

    The food industry is one of the most important industries in the world economy. Almost 10 percent of total employment is based on the food industry. The food industry has total sales of USD 1.4 trillion. In such a large economic sector, many brands stand robust with their unique products, taste, packaging ideas, and marketing strategies.

    Any idea that comes to a person’s mind concerning a type of food production is a freely available Intellectual Property (IP) unless and until it gets protected. Anyone can steal this idea and start trading in the same product. Also, a complaint cannot be filed unless the IP is registered with proper documentation.

    Intellectual Property Protection can safeguard many things right from the foremost step of manufacturing, i.e., production of ingredients, creation of recipes, to the last steps such as labeling, marketing, and branding of the final product. It allows the creator to protect his or her idea. IP protection in the food industry includes Trademarks, Copyright, Industrial Designs, Patents, and Trade Secrets. The ideal example of how much Intellectual Property Rights (IPRs) can be worth is the Coca-Cola company. The most valuable property of Coca-Cola is its trademark. In 2001, the Coca-Cola trademark was worth 68.9 billion, and today, it stands at USD 120 billion. Also, the Coca-Cola recipe is protected as a trade secret, only known to select employees. It has been kept in a purpose-built vault within the company’s headquarters in Atlanta. The recipe has been treated as a trade secret for over 100 years. The most significant feature of the legal protection for IP is that it transforms intangible assets into exclusive property rights. In short, IP protection makes intangible assets a bit more tangible by turning them into valuable, exclusive assets.

    The food and beverage industry is exceedingly dependent on the value of the brand and needs the protection of the IP created. It allows consumers to choose the refreshments or foods they want. The consumer knows that he is buying a drink with the label ‘Coca-Cola,’ he is purchasing a carbonated non-alcoholic beverage. Trademarks allow consumers to make choices easier. They do not need to read the ingredients on the bottle every time they make a decision. The trademark informs consumers directly about the commercial origin of the drink, its substance, value, and use.

    Trademarks

    A brand is the prime component of a food company, food product, or a restaurant’s success. A trademark is a legally protected word, name, design, logo, or any other symbol of a product or business. For instance, ‘Oreo’ is a trademarked product name. It means that no one else can use the name ‘Oreo’ to sell his or her cookies. A trademark can be obtained for a food product, dish name, logos, slogans, layout, décor, restaurant, and chef’s name. Nusret Gökçe (popularly known as ‘Salt Bae’) succeeded in registering a motion trademark for a video of him sprinkling salt over the meat, which went viral in 2017.

    Trademark Registration can also increase the restaurant/brand’s sale value and facilitate the licensing of the trademark. Registration is essential for franchising. If international expansion is sought in the future, an entity should also consider whether its trademarks are already being used or otherwise ‘registrable’ in foreign jurisdictions.

    Copyright

    A copyright is an exclusive and assignable legal right given to the creator of original, artistic work for the use and distribution of the artistic work for a limited period. Copyright is considered to be a territorial right, which means that it does not extend beyond the territory of the specific jurisdiction. Copyright does not protect simply utilitarian articles, ideas, facts, or formulas. It protects the expression of ideas in a tangible form. Since food is a useful article, Copyright Law will apply only if the food incorporates highly creative features that are separable (either physically or conceptually) from the food’s utilitarian features.

    In the food industry, chefs sometimes borrow and build upon ideas from others. Appropriately applied, IP law is flexible enough to shield highly creative food designs from substantial copying. Copyright Registration is not mandatory but imperative because it serves as a timestamp of the date of creation of the work. A person who, without permission, makes a derivative food design that is substantially similar to another’s copyright-protected food design or other work could be at risk for Copyright Infringement claims.

    The typographical arrangement of the recipe book could be protected, but this protection is narrow and would only prevent specific acts such scanning or photocopying the recipe book pages without permission.

    IP protection for the plating of food has also become a popular subject. Some critics recommend that plating should be protected as form of trade dress if it has earned a sufficient reputation to indicate the source of the dish. Others opine that plating, if original, may be protected by copyright as an artistic work. This may need clarification from the judicial authorities as to whether plating is in a sufficiently “fixed” form to receive Copyright Protection, as it has theoretically been required that a work be in a material form that is permanent.

    स्रोत : www.kashishworld.com

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