Defining Intellectual Property

If you were to create something that was an original idea of yours and you considered putting it under protection, you would need to take into consideration whether it is intellectual or industrial property and whether or not there is a difference between the two?

What is intellectual property? Intellectual property is a blanket term for a variety of intangible materials created using one’s intellect: inventions as well as literary and artistic works, or symbols, names and images used to represent a business.

It can be divided into two categories: Industrial Property and Copyright

Industrial Property: Unlike copyright, which is related to the simple creation of a product, this property needs to be registered in the Patent and Trademark Office. If it is not used or renewed within relatively short periods of time, this may result in the owners losing their rights to them. They have a purely commercial use.

Industrial property includes: patents, trademarks, industrial designs and geographical indications.

Patents authorise the title holder to decide if the invention can be used by third parties and how they can use it.

A trademark is a sign that distinguishes the goods or services of one company from those of another.

An industrial design is an industrial drawing or model which constitutes the aesthetic and ornamental aspect of the product. It can be three-dimensional or two-dimensional.

Geographical indications are signs used for goods that have a specific geographical origin, whose characteristics or reputation are related intrinsically with its place of origin.

Copyright: This includes literary works (novels, poems or plays), films, music, architectural designs and other artistic works such as drawings, paintings, photographs and sculptures. That way, unlike industrial property, copyright is related to the protection of creations that express the author’s personality, that is, those that cannot be produced through mass production.

Copyright also includes moral and patrimonial rights.

Moral rights are generally recognised in civil law jurisdictions and in some common law jurisdictions. They include aspects like the right of attribution, the right to have work published anonymously or with a pseudonym, and the right to the integrity of the work.

On the contrary, patrimonial rights are those liable to have an economic value and they are usually associated with Copyright.

 

Intellectual Property

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