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INTELLECTUAL PROPERTY AND PATENTS - Coggle Diagram
INTELLECTUAL PROPERTY AND PATENTS
INTELLECTUAL PROPERTY
Intellectual property (IP) refers to creations of the mind, such as inventions, literary and artistic works, designs, and symbols used in commerce.
INTELLECTUAL PROPERTY RIGHTS (IPR)
Patents
Patents (lasts for 20 years) – once you have the legal right for your software, others cannot manufacture or market your software. However, they can apply to license your product.
Definition: A patent is a legal grant that gives an inventor exclusive rights to their invention or process.
Purpose: It ensures that others cannot make, use, or sell the same invention without permission.
Examples: Think of patents as protective shields for groundbreaking inventions, like a new type of smartphone, a medical device, or a unique manufacturing process.
Duration: In the United States, utility patents (the most common type) last for 20 years from the filing date.
Symbol: Patented inventions are denoted by the ® symbol.
Fun Fact: The U.S. Patent and Trademark Office issued its 10 millionth patent in June 2018
Copyrights
(lasts for the life of the author + another 50 years) – used to protect written or artistic expressions in a tangible medium (songs, poems, novels, or movies).
Definition: Copyright protects original literary, artistic, and musical works.
Purpose: It ensures that creators have exclusive rights to their content, such as books, music, and software.
Examples: Novels, poems, song lyrics, paintings, and even website content fall under copyright protection.
Duration: In the U.S., copyright lasts for the creator’s lifetime plus 70 years after their death.
Symbol: Copyrighted works are often marked with the © symbol.
Fun Fact: Copyright law also covers computer software and graphic designs
Trademarks
(lasts for ten years) – refer to names, phrases, symbols, even sounds used with services or products. That is essential for any brand with a level of quality on which companies build a reputation
Definition: A trademark is a recognizable symbol, phrase, or word that identifies a specific product or service.
Purpose: It distinguishes one company’s products from others and establishes brand ownership.
Examples: Logos, brand names, slogans, and even jingles are all trademarks.
Duration: Trademarks never expire as long as they’re actively used.
Symbols: Registered trademarks use the ® symbol, while unregistered ones use ™.
Fun Fact: Trademarks prevent confusion—Coca-Cola can’t use a symbol that looks like Pepsi’s
Designs
Definition: Designs refer to the ornamental or aesthetic aspects of manufactured products.
Purpose: They protect the visual appearance of items, such as product shapes, patterns, and ornamentation.
Examples: Think of unique chair designs, stylish phone cases, or eye-catching packaging.
Duration: Design patents (yes, patents again!) last for either 14 or 15 years, depending on when they were filed.
Symbol: No specific symbol, but design patents are legally recognized.
Fun Fact: Design patents focus on how something looks, not how it works
PROBLEMS WITH IPR
Violation of Rights
:
Issue
: Violation of intellectual property rights occurs on a large scale. Many people lack awareness and sufficient knowledge about IPR, leading to unauthorized use or infringement of protected creations³.
Balancing Private Rights and Public Interest
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Issue
: Striking the right balance between private rights (incentives for creators) and public interest (access to creations) is essential. IPR should benefit society in the long term while incentivizing innovation in the short term¹.
Technology Transfer
:
Issue
: While IPR protection should encourage technical innovation and technology transfer, challenges arise in ensuring that knowledge and technology flow effectively across borders and sectors¹.
Enforcement Challenges
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Issue
: Enforcing IPR can be complex, especially in a globalized world. Effective enforcement mechanisms are necessary to combat piracy, counterfeiting, and unauthorized use⁵.
Awareness and Education
:
Issue
: Many individuals and businesses lack awareness about IPR and their rights. Education and outreach are crucial to address this gap³.
Internet and Technology Impact
:
Issue
: The digital age poses unique challenges, including online piracy, file sharing, and the rapid dissemination of copyrighted material. Balancing protection with digital access is critical⁵.
Financial Empowerment
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Issue
: Some creators, especially in developing countries, face financial constraints in protecting their intellectual property. Accessible legal mechanisms are needed to empower them⁵.
Protection of Traditional Knowledge and Biodiversity
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Issue
: Safeguarding traditional knowledge and biodiversity while respecting IPR can be complex. Balancing indigenous rights with commercial interests is an ongoing challenge².
INTELLECTUAL PROPERTY IN SOFTWARE INDUSTRY
Intellectual property (IP) plays a crucial role in the software industry, protecting the valuable creations and innovations within this dynamic field.
Software Intellectual Property (Software IP)
:
Definition
: Software IP refers to computer code or programs that are legally protected against unauthorized copying, theft, or any other use not permitted by the owner.
Ownership
: Software IP belongs to the company that either created it or acquired the rights to the code or software¹⁴.
Protection
: Unauthorized use of software IP by someone else is illegal.