Intellectual property rights are personal property rights acknowledged and protected as trademark, patent or copyrights. A registration of the invention or creation is necessary to gain protection through law and regulations. When we compare copyrights, trademarks and patents we can distinguish that they have differences in respect to areas of protection. While patents protect new inventions, copyright protects its unauthorized production or counterfeiting while Trademark is a brand serves to mark the goods or services of a company thus protects this good name or reputation. Copyright describes the subjective and absolute right to the protection of intellectual property such as movies, music, novels, songs, poetry etc. in ideal and material …show more content…
Trademarks and service marks or brand names which are officially registered in a (at least national) list of trademarks of this legal group may be marked with the registered trade mark, which confirms them the full protection of the trade mark. The registered trade mark symbol is an uppercase letter "R", which is usually represented in smaller letters and is added after the name of the goods and service mark. A trademark serves to identify goods or services using symbols, words, names or a device in order to distinguish from the competition. For example, a well-known name of a product creates trust and represents an economic value. A brand serves to mark the goods or services of a company and thus protects this "good name". This creation of a Trademark ® can take place in different ways as …show more content…
The holder of the patent is entitled to prohibit others from using the invention. The right of intellectual property rights or also industrial property rights is granted on a temporary basis. In some countries, such as Germany the right is protected and granted for maximum 20 years. USA law has two types of patents: the "utility patent" and the "design patent". The "utility patent" is a protective right for a technical invention and the "design patent”, is for the design right referring to shapes and patterns. For example, alongside ELVIS, LEVIS is one of the pillars of US culture. Levi Strauss, born in Bavaria, Germany emigrated to America and received the US patent 139121 for "Improvement in fastening pocket-openings" on 20.05.1873 together with Jacob W. Davis. The triumph and success of the blue jeans was
In every given business, the name itself portrays different meanings. This serves as the reference point and sometimes the basis of customers on what to expect within the company. Since personality affects product image (Langmeyer & Shank, 1994), the presence of brand helps in the realization of this concept. Traditionally, brand is a symbolic manifestation of all the information connected with a company, product, or service (Nilson, 2003; Olin, 2003). A brand is typically composed of a name, logo, and other visual elements such as images, colors, and icons (Gillooley & Varley, 2001; Laforet & Saunders, 1994)). It is believed that a brand puts an impression to the consumer on what to expect to the product or service being offered (Mere, 1995). In other application, brand may be referred as trademark, which is legally appropriate term. The brand is the most powerful weapon in the market (LePla & Parker, 1999). Brands possess personality in which people associate their experience. Oftentimes, they are related to the core values the company executes.
It is termed as a sign, symbol or a device, intended to define the goods and services of one from those of others within the same category. It’s how you differentiate yourself from the other brands. You may even call it a Trademark.
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).
The rel¬e¬vant EU acts pre¬vented trade¬mark and design rights from being use to obtain monop¬o¬ly on technical apparel solution with¬out complying with the rigorous con¬di¬tions laid down in patent law. While CJEU laid down the guidelines for these trade¬mark pro¬vi¬sions, however the CJEU has not given guidelines on how the cor-re¬spond¬ing pro¬vi¬sions on design rights are to be interpreted. Trade¬marks and Design rights arguably are pow¬er¬ful tools, but own¬ers of such rights should be aware of the range of pro¬tec¬tion given or such rights to be brought to their atten¬tion, in par¬tic¬u¬larly to avoid the sudden unpleasant collision of cases.
“Copyright is a fundamental right of ownership and protection common to all of the arts” (O’Hara & Beard, 2006, p. 8). “It is a form of intellectual Property (IP)” and it gives the owner exclusive rights to the copyright (O’Hara & Beard, 2006, p. 11).
But what's copyright? The Australian Copyright Law is a legal right given to the creators of works. For a limited time, it permits the creator of original work exclusive rights for its distribution and use.
What is copyright? Copyright keeps your work safe. If you invent or create something that is copyrighted, if anyone else tries to use your work, they get a heavy fine.
Copyright materials involve everything like songs, movies, TV shows, photographs, magazines, books, software, plays and websites that should have a copyright protection. The copyright law is the exclusive right to make copies of another individual’s work. The law states that files cannot be shared, copied and performed without the individual permission, as a reason of ethical issues and it is illegal to share files that have copyright protection (TopTenREVIEWS, 2014).
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.
Governments provide the legal and social framework in market economies by establishing and protecting the rights to private property and to the economic gains derived from the use of that property. The government's protection of private property extends to land, factories, stores, as well as intellectual property. Intellectual properties are protected by exclusive rights, called copyrights, to protect such things as books, music, films, and computer software programs, etc; or patents, protect other types of inventions, designs, products, and manufacturing processes. These exclusive issued rights give the holders the rights to sell or market their products and creations for a specified period of time.
The story behind the birth of jeans emerges from an interesting collaboration between an innovative tailor and a bright businessman. In 1853, Levi Strauss established a whole dry goods business in San Francisco, selling clothing and many other products to small general stores all through the west of America. One of many regular costumers was Jacob Davis, a tailor in Reno Nevada, who used to purchase his work material from the whole sale house of Levi Strauss & Co. At some point, Davis invented the process to rivet the pocket corners on men’s pants to make them stronger. Having earned great success, Davis decides to write to Levi Strauss, suggesting that they jointly apply for a patent; and Levi agreed. Consequently, in 1873, Levi Strauss & Jacob Davis are granted a patent on the process of riveting pants by the U.S. Patent and Trademark Office on May 20. It is patent number 139,121 and this is the invention of the blue jeans.
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.
In its simplest terms, copyright is the U.S. government’s way of protecting the rights of anyone creating an original work, such as a play, song, poem, book, or artwork. Only the work’s original author or creator can make copies, distribute, sell, perform or adapt that work. Originally passed into law 35 years ago, the Copyright Act of 1976 has undergone many changes in the wake of advancing technology, including such changes as categorizing any work on the Internet as “published” (Copyright Act of 1976). Of
Copyright is a protection for authors, composers or artists and other creators who create innovative idea base work. Copyright law is important because of its role to protect the interests of the creator, while allowing others to gain access to it legally. It designed to make sure that creators receive appropriate rights for their own ideas and creativity, and to promote artistic creativity by protecting the creator.
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