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Topics on Intellectual property
Intellectual property and its importance
Topics on Intellectual property
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Intellectual Property & Intellectual Property Rights:
Intellect means creations of one’s mind which can be an idea, process, program, model, name, symbol, or a writing. Intellectual Property is conception of an intellect in form of idea, theory, conclusion, invention, design or model right to which is exclusively associated to the owner by law.
What one owns should be theirs legally and rightfully. Their ideas, their creations, inventions, models, any designs modeled by them should rightfully belong to them and this is enabled through various forms of intellectual property rights including patents, industrial design rights, copyright, trade dress, trademarks, and geographical indications. Intellectual property rights ensure owners of the
Legal Protection of new inventions encourages the assurance of additional resources for further innovations. With Intellectual Property System, both public interest and innovators interest go hand in hand, hence providing an environment which inspires inventions and creativity benefitting everyone in the society.
Benefits of Intellectual Property Rights to Society:
• Encouragement to the Scientists and Innovators: Intellectual property rights provides multiple incentives ranging from fame to monetary benefits to the researchers and innovators and hence encourages for better and more efficient products.
• New inventions benefit the people: Each new invention say in medical field is advantageous to average people and this is only possible through the encouragement that the scientists get through Intellectual Property system.
• Consumer Confidence in the product: Consumer has confidence in the product or services they buy with international trademark protection and prosecution mechanisms to discourage privacy.
• How to decide which Intellectual Property Right should be secured.
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• Intellectual Property Law is pretty complex that many people confuse the terms patent/copyright and trademarks and use them interchangeably like “patenting a movie script” or “copywriting a
On contrary if the lid of the ink pen to prevent ink from drying or spilling is invented by their friend, they can’t use it. So, one does have legal rights to sell a fountain pen but without a lid.
“The history of patents does not begin with inventions, but rather with royal grants by Queen Elizabeth I (1558–1603) for monopoly privileges... Approximately 200 years after the end of Elizabeth's reign, however, a patent represents a legal right obtained by an inventor providing for exclusive control over the production and sale of his mechanical or scientific invention... [Demonstrating] the evolution of patents from royal prerogative to common-law doctrine.”
Reference: ^ Mossoff, A. 'Rethinking the Development of Patents: An Intellectual History, 1550–1800,' Hastings Law Journal, Vol. 52, p. 1255, 2001.
Some of the patents are:
Sewing Machine : Patent held by Howe and Singer
Magnetic Resonance Imaging (MRI) : Patents held by Damadian
Iphone: Patent held by Apple
What inventions can be patented?
Inventions that have following characters can secure a patent:
First and foremost it should be of some “practical
(7) Hall B. Patents and Patent Policy -. 2007. The 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the Morse H. SETTLEMENT OF INTELLECTUAL PROPERTY DISPUTES IN THE PHARMACEUTICAL AND MEDICAL DEVICE INDUSTRIES: ANTITRUST RULES. Allison JR, Lemley MA, Moore KA, Trunkey RD. Valuable patents. Geol.
(i) Foster creativity and innovation, promote trade in goods and services that are the subject of intellectual property rights.
According to our textbook, “Real property constitutes land and all things permanently attached to it (i.e. a house, a tree or coal below land). Intellectual property such as copyrights, patents and trademarks is personally owned but generally treated as a separate form of property by the law. Personal property is characterized by its portable nature; it can be carried from place to place (i.e. tangible personal property or intangible personal property)” (Roger, 2012).
“A patent is an intellectual property right granted by the Government of the United States of America to an inventor “to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States” for a limited time in exchange for public disclosure of the invention when the patent is granted.” ("Patents," 2014) There are three types of patents, utility, design, and plant. Utility patents protect useful process, machines, article of manufacture, and composition of matter. Design patents pro...
Intellectual Property Law used to only protect art, music, and literature, but because of technological development, Intellectual Property Law now also protects a greater variety of innovations including designs, inventions, symbols, discoveries, and words. The phrase “intellectual property” was first known to be used in the late 1700’s; however, it was not widely talked about, nor was the Intellectual Property Law in actuality commonly implemented. Intellectual Property Rights slowly gained more attention by mid-1800’s after the Industrial Revolution had taken place: more companies were created, competition between corporations became fiercer, and owning unique innovations were crucial to winning the competition. However, as Intellectual Property
The system of patenting is done by law that was created by legislation. The patent act identifies rightly the right of a patentee (holder of the patent) and gives the guidance to when you experience infringement committed by somebody. Rights of a patentee as per law in the Patent Act There are some exclusive rights granted to a patentee in Section 42 of the Canada patent act. This gives the liberty to use the invention and make money from it for a certain period without any competition and restricting others to copy the formulae until the patent ends.
The Federal Bureau of Investigation defines Intellectual Property Theft as a crime involving robbing people or companies of their intellectual property (ideas, inventions, and creative expressions) which can include, but is not limited to, trade secrets, movies, music, software, and proprietary products (fbi.gov). Intellectual Property Theft, albeit a crime, is not always clear. Sometimes it is just miscommunication. Tattoo artist S. Victor Whitmill filed a lawsuit against Warner Brothers Entertainment for their replication of the tattoo that he placed around Mike Tyson’s left eye (Gambino, p1). Warner Brothers Entertainment claimed “fair use”. Eventually, the case was settled in an agreement with undisclosed terms (Gambino, p1).
The World Intellectual Property Organization, Intellectual property is the ‘products of the mind: inventions, literary and artistic works, any symbols, names, images, and designs used in commerce’. Intellectual Properties such as Patents, designs, trademarks and copyrights are protected by laws. The US government offers different types of protection for these properties. The Lanham Act (15 U.S.C.A. Section 1051 et seq., also known as the Trademark Act of 1946, provides protection for trademarks. A trademark is defined as a name, word, symbol, or device or any combination thereof, adopted and used by a manufacturer or merchant to identify its goods and distinguish them from those manufactured and sold by others.
Intellectual property is property resulting from intellectual, creative processes. A product that was created because of someone’s individual thought process. Examples includes books, designs, music, art work, and computer files. (Miller R. J., 2011, p. 114) In the music industry a copyright is an important tool for artist to use to protect themselves from infringers. A copyright is the exclusive right of an author or originator of a literary or artistic production to publish, print, or sell that production for a statutory period of time. A copyright has the same monopolistic nature as a patent or trademark, but it differs in that it applies exclusively to works of art, literature, and other works of authorship (including computer programs). (Miller R. J., 2011, p. 125)
Intellectual property (IP) is defined as property that is developed through an intellectual and creative processes. Intellectual property falls under the category of property known as intangible rights, which includes patents (inventions of processes, machines, manufactures, and compositions of matter), copyrights (original artistic and literary works of), trademarks (commercial symbols), and trade secrets ((product formulas, patterns, designs). Intellectual property rights has a significant value to both individuals and businesses, providing in the case of large companies, over one half of their value on return. Since intellectual property rights are so important to the U.S. economy and its citizens, federal and state law provides protection, for example, civil damages and criminal penalties to be assessed against infringers. Due to the importance of intellectual property to a business, I don’t think that its protection and enforcement is going to be a thing of the past.
There are many reason that why is it important to protect one’s intellectual property. Some of the reason are Creator being accused as a theft, Loss of Reputation, Loss of income, Loss of Asset and Loss of Authority Rights.
...ple's physical property, there is clearly a social benefit from the wide dissemination of intellectual propertyi.e., ideas and their expressions.
Intellectual property is the ownership of ideas as well as the control over the tangible or virtual representation of those ideas. Software is intellectual property, as are books, movies, and music.Like music performers and authors, software developers use copyright laws to protect their work and their investment in the field. The theft of intellectual property thus eliminates the resources used to develop newer and better products.
Patents claims focus of the mechanism, principles and components surrounding those ideas. Patents are the strongest of the law to protect the intellectual property. Patent law is based on a very strict liability standard, making a business owner’s strongest option for intellectual property protection. Patents often make use of reverse engineering. Through reverse engineering, they see if patented inventions are in used by another company. Patents have an expiration date; the design patent protect design, shape, configuration and appearance of any invention for 14 years, and utility patents that protect functional makeover and new invention last for 20