Intellectual Property
What is Intellectual property?Intellectual Property (IP) refers to creations of the mind, such as inventions; Literacy and artistic works; designs; and symbols, names and images used in commerce. IP is protected by law, allowing creators to earn recognition or financial benefit from their inventions or Creations.
Categories of Intellectual Property
Patents
A patent is an exclusive right granted for an invention. The 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.
Types:
- Utility Patents: Cover new and useful inventions or discoveries of processes, machines, or compositions of matter.
- Design Patents: Protect the unique visual qualities of a manufactured item.Plant Patents: Cover new varieties of plants that are asexually reproduced.
Copyright
This is a legal term used to describe the rights that creators have over their literacy and artistic works. Works covered by copyright are books, music, paintings, sculptures and films, to computer programs, databases, advertisements, maps and technical drawings. Generally, It lasts throughout the life of the author plus 70 years, but it varies by jurisdiction and type of work.
Rights Protected:
- Reproduction rights
- Distribution rights
- Performance rights
- Display rights
- Derivative works rights
Trademarks
This is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks protect symbols, names, and slogans used to identify goods or services.
Types:
- Service Marks: Similar to trademarks, but they identify and distinguish the source of a service rather than a product.
- Certification Marks: Indicate that goods or services meet certain standards.
- Collective Marks: Used by members of a group or organization to identify their products or services.
Trade Secrets
Trade secrets protect confidential business information that provides a competitive edge. This could include formulas, practices, designs, instruments, processes, or any information not generally known to the public. Trade secrets are protected as long as the information remains confidential. Unlike patents, there is no registration process, but protection is lost once the secret is disclosed.
Industrial Designs
Industrial designs protect the ornamental or aesthetic aspect of an article. This could include the shape, configuration, or surface patterns of a product that make it visually appealing. The protection typically lasts for 10-25 years, depending on the jurisdiction and the specific design.
Geographical Indications (GIs)
GIs protect the name or sign used on products that have a specific geographical origin and possess qualities, reputation, or characteristics inherent to that location. Examples include Champagne for sparkling wine from that region in France or Darjeeling for tea from that area in India. GIs are protected under international treaties and national laws, preventing misuse of the name in other regions.
Plant Breeders’ Rights
These rights protect new varieties of plants by granting the breeder exclusive control over the propagating material (such as seeds, cuttings, and divisions) and harvested material of the new variety for a number of years. Typically lasts 20-25 years, depending on the plant species and jurisdiction.
Each of these categories of intellectual property serves a unique function and provides specific protections to the creators or owners of intellectual property.
