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What’s Intellectual Property - WIPO - Coggle Diagram
What’s Intellectual Property - WIPO
It refers to creations of the mind everything from works of art to inventions, computer programs to trademarks and other commercial signs. Creativity and inventiveness are vital. They spur economic growth.
In terms of IP, technological progress requires the development and application of new inventions, while a vibrant culture will constantly seek new ways to express itself.
Essentially, intellectual property rights such as copyright, patents, and trademarks can be viewed as any other property right. They allow the creators or owners of IP to benefit from their work or from their investment in a creation by giving them control over how their property is used.
Intellectual property rights are also vital. Inventors, artists,
scientists and businesses put a lot of time, money, energy, and thought into developing their innovations and creations.
Different types and categories of IP:
Industrial property includes patents for inventions, industrial designs, trademarks, and geographical indications.
Copyright and related rights cover literary, artistic, and scientific works, including performances and broadcasts.
Then we can explain the patents by saying that patenting an invention, the patent owner gets exclusive rights over it, meaning that he or she can stop anyone from using, making, or selling the invention without permission. The patent lasts for a limited period of time, me, generally 20 years.
To qualify for patent protection, an invention must be of some practical use and must offer something new which is not part of the existing body of knowledge in the relevant technical field. Patents are territorial: protection is granted within a country under its national law.
Patent owners have the exclusive right to commercially make, sell, distribute, import, and use their patented inventions within the territory covered by the patent during the period of protection.
If someone else uses a patented invention without the patent owner’s permission, the patent owner can seek to enforce the rights by suing for patent infringement in the relevant national court.
Several groups of countries have developed regional patent systems that help reduce these costs, for example, the African Regional Intellectual Property Organization (ARIPO). Under most of these systems, an applicant requests protection
for an invention in one or more countries in the group.
WIPO administers the PCT System, an international system that allows applicants to request protection under the Patent Cooperation Treaty in as many signatory states as they wish through a single application.
Industrial designs are applied to a wide variety of industrial products and handmade goods: cars, telephones, computers, packaging and containers, technical and medical instruments, watches, jewelry, electrical appliances, textile designs, and many other types of
goods.
Industrial design law only protects those aspects of a product that are ornamental; its technical features may be protected by a patent if they meet the requirements for patent protection.
To qualify for protection as an industrial design under most national laws, the design must be new and show a degree of originality or individuality, meaning that it is not identical or very similar to any previous design.
Industrial design rights entitle the right holder to control the commercial production, importation, and sale of products with the protected design.
Are protected in different ways in different countries. In most cases, a firm or designer will need to register their design in order to protect it, but some countries also give limited protection to unregistered designs, and in some countries, protection is by means of “design patents”.
The trademarks have been around for many years. In ancient times, artisans would sign or mark their work to prove they had made it, trademarks are essential to business. They take many forms and identify a huge array of goods and services.
To be eligible for registration, the basic principle is that a trademark must be distinctive, so it cannot just be a generic description of the product or service. Nor can it be identical
(or very similar) to a trademark already registered or used for that type of product or service.
The best way of protecting a trademark is to register it. Owners of a registered mark have the exclusive right to control who uses it: they can use it to identify their own goods or services or license or sell it for someone else
to use.
Once a trademark has been granted, the owner can sue in the relevant national court if it is infringed by someone else.
Equally, a trademark owner could face a legal challenge from a third party arguing that it is too similar to their mark.
Different laws are protecting geographical indications and different systems of recognition in different countries, so international law is developing ways to strengthen protection across national boundaries.
In order to function as a geographical indication, a sign must identify a product as originating in a given place, and the qualities, characteristics, or reputation of the product should be essentially due to that place of origin.
There are three main ways to protect a geographical indication:
Through special on geographical indications laws – so-called sui generis systems;
Using collective or certification marks, and.
Methods focusing on business practices, including administrative product approval schemes.
Copyright, or authors’ right, is a legal term used to describe the rights that creators have in their literary, artistic, and scientific works.
Copyright is protected by a mixture of national and international laws. These recognize the cultural and social importance of creative endeavor as well as its considerable economic value.
Copyright applies to the creative expression of ideas in many different forms – text, still or moving pictures, sound works, three-dimensional shapes such as sculptures and architecture, reference works, and collections of data.
Incudes both economic and moral rights. Essentially economic rights involve the right to control the distribution of a work. In other words, a copyright owner can stop anyone from copying or
using a work without permission including, for example, by translating it, reproducing it, performing it, or broadcasting it.
