Intellectual property (IP) refers to creations of the mind, such as inventions, literary and artistic works, designs, symbols, and names used in commerce. IP law is the legal framework that governs the ownership and protection of these creations. IP rights provide legal protection to the owners of such creations, enabling them to control and benefit from their use. Let’s look at some different types of intellectual property and the legal protections that they afford.
Types of Intellectual Property
Patents
Patents protect inventions that are new, useful, and non-obvious. A patent gives the inventor the right to exclude others from making, using, selling, or importing the invention for a certain period from the date of filing the patent application. To obtain a patent, the inventor must disclose the invention to the public in a patent application.
Copyright
Ever wondered about this symbol “©”? This is the copyright symbol. Copyright protects original works of authorship, such as literary, artistic, musical, and dramatic works. It gives the owner the exclusive right to reproduce, distribute, display, and perform the work. Copyright protection lasts for the life of the author plus a certain number of years after the author’s death.
Trademarks
Trademarks protect words, names, symbols, or devices used to identify and distinguish goods and services. An entity that owns a trademark has the exclusive right to use it in connection with the goods and services for which it is registered. Trademark protection lasts as long as the mark is in use and continues to be distinctive – think the iconic Nike ‘Swoosh’.
Trade secrets
Trade secrets protect confidential information that gives a business a competitive advantage – like Coca-Cola versus Pepsi. These can include formulas, patterns, designs, or customer lists. They are protected as long as they remain secret and the owner takes reasonable steps to maintain their confidentiality.
Industrial designs
This category protects the visual aspects of an article, such as the shape, configuration, pattern, or ornamentation. Industrial design protection lasts for a certain period, usually 15 years from the date of filing the design application.
Geographical indications
Geographical indications (GI) protect the reputation of products that are produced in a certain geographic region and have certain characteristics that are unique to that region. Examples of GIs include Champagne, Roquefort cheese, and Darjeeling tea. It’s usually the regional government that grants this type of protection and it does not typically expire.
In conclusion, intellectual property is a crucial aspect of modern commerce. It provides legal protection to owners of creations of the mind – super important for brand protection and recognition. The various types of intellectual property each offer different legal protections to owners, depending on the type of creation and the nature of the protection needed. IP law is constantly evolving to meet the relentless technological advances of our time.
Acquiring IP Protections
You can register different types of IP protections through our local Intellectual Property Office. You can do it yourself or appoint an agent (usually an attorney) to do so on your behalf.
Want to know more? Check out the local IPO office’s website here.
Note: This post is for information only; it is not legal advice.