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Intellectual property law
Primary rights
Sui generis rights
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This article is about the legal concept. Copyright is a legal concept enacted by Governments, giving the creator of an original work of authorship Exclusive rights to control its distribution usually for A patent is a set of Exclusive rights granted by a State to an inventor or his assignee for a fixed period of time in exchange for a disclosure of an A trademark or trade mark, represented by the symbols ™ and ®, or mark is a distinctive sign or indicator used by an individual Industrial design rights are Intellectual property rights that protect the visual design of objects that are not purely utilitarian A utility model is an Intellectual property right to protect Inventions This right is available in a number of national Legislations such as Argentina A geographical indication (GI is a name or sign used on certain products which corresponds to a specific geographical location or origin (eg A trade secret is a Formula, practice, Process, Design, instrument, Pattern, or compilation of Information which Related rights is a term in Copyright law used in opposition to the term " Authors' rights " A trade name, also known as a trading name or a business name, is the name which a Business trades under for commercial purposes although its registered In Computer networking, a domain name is a name given to a collection of network devices that belong to a domain which is an administrative space managed according Sui generis (English pronunciation ( IPA) /ˌsuːiˈdʒɛnərɪs/ roughly "SOO-ee JEN-a-ris" Latin pronunciation /ˌsuːiˈgeneris/ is a Neo-Latin In European Union law, a database right is a legal right introduced in 1996. A mask work is a two or three-dimensional layout or topography of an Integrated circuit (IC or "chip" i Plant breeders' rights (PBR also known as plant variety rights (PVR are Intellectual property rights granted to the breeder of a new variety In European Union member countries a supplementary protection certificate (SPC is a Sui generis, Patent -like Intellectual property Indigenous intellectual property is an umbrella legal term used in national and international forums to identify Indigenous peoples ' special rights to claim (from within Critics of the term " Intellectual property " argue that the increased use of this terminology coincided with a more general shift away from thinking about things like copyright For the 2006 film, see Intellectual Property (film). Intellectual Property is a 2006 Film starring Christopher Masterson and Lyndsy Fonseca.

Intellectual property (IP) is a legal field that refers to creations of the mind such as musical, literary, and artistic works; inventions; and symbols, names, images, and designs used in commerce, including copyrights, trademarks, patents, and related rights. Law is a system of rules enforced through a set of Institutions used as an instrument to underpin civil obedience politics economics and society Copyright is a legal concept enacted by Governments, giving the creator of an original work of authorship Exclusive rights to control its distribution usually for A trademark or trade mark, represented by the symbols ™ and ®, or mark is a distinctive sign or indicator used by an individual A patent is a set of Exclusive rights granted by a State to an inventor or his assignee for a fixed period of time in exchange for a disclosure of an Related rights is a term in Copyright law used in opposition to the term " Authors' rights " Under intellectual property law, the holder of one of these abstract "properties" has certain exclusive rights to the creative work, commercial symbol, or invention by which it is covered. In Anglo-Saxon law, an exclusive right is a de facto non-tangible Prerogative existing in law (that is the power or in a wider sense Right

Contents

Overview

Intellectual property rights are a bundle of exclusive rights over creations of the mind, both artistic and commercial. The bundle of rights is a common way to explain the complexities of Property ownership In Anglo-Saxon law, an exclusive right is a de facto non-tangible Prerogative existing in law (that is the power or in a wider sense Right The former is covered by copyright laws, which protect creative works such as books, movies, music, paintings, photographs, and software and gives the copyright holder exclusive right to control reproduction or adaptation of such works for a certain period of time. Copyright is a legal concept enacted by Governments, giving the creator of an original work of authorship Exclusive rights to control its distribution usually for [1]

The second category is collectively known as "industrial properties", as they are typically created and used for industrial or commercial purposes. A patent may be granted for a new, useful, and non-obvious invention, and gives the patent holder a right to prevent others from practicing the invention without a license from the inventor for a certain period of time. A patent is a set of Exclusive rights granted by a State to an inventor or his assignee for a fixed period of time in exchange for a disclosure of an An invention is a new form composition of matter device or Process. A trademark is a distinctive sign which is used to prevent confusion among products in the marketplace. A trademark or trade mark, represented by the symbols ™ and ®, or mark is a distinctive sign or indicator used by an individual In Semiotics, a sign is "something that stands for something else to someone in some capacity"

An industrial design right protects the form of appearance, style or design of an industrial object from infringement. Industrial design rights are Intellectual property rights that protect the visual design of objects that are not purely utilitarian A trade secret is non-public information concerning the commercial practices or proprietary knowledge of a business. A trade secret is a Formula, practice, Process, Design, instrument, Pattern, or compilation of Information which The word proprietary indicates that a party or proprietor exercises private Ownership, control or use over an item of Property. Public disclosure of trade secrets may sometimes be illegal.

The term "intellectual property" denotes the specific legal rights described above, and not the intellectual work itself.

Purpose

Intellectual property rights give creators exclusive rights to their creations, thereby providing an incentive for the author or inventor to develop and share the information rather than keep it secret. In Anglo-Saxon law, an exclusive right is a de facto non-tangible Prerogative existing in law (that is the power or in a wider sense Right The legal protections granted by IP laws are credited with significant contributions toward economic growth.

Economists estimate that two-thirds of the value of large businesses in the U. S. can be traced to intangible assets. Likewise, industries which rely on IP protections are estimated to produce 72 percent more value per added employee than non-IP industries. [2]

Additionally, a joint research project of the WIPO and the United Nations University measuring the impact of IP systems on six Asian countries and found that "a positive correlation between the strengthening of the IP system and subsequent economic growth. The World Intellectual Property Organization ( WIPO) is one of the 16 specialized agencies of the United Nations. The (UNU is an agency of the United Nations established in Tokyo in 1973 to "research into the pressing global problems of human survival development " [3] However, correlation does not necessarily imply causation. In Probability theory and Statistics, correlation, (often measured as a correlation coefficient) indicates the strength and direction of a linear Causality (but not causation) denotes a necessary relationship between one event (called cause and another event (called effect) which is the direct consequence

Economics of intellectual property

Intellectual property rights are considered by economists to be a form of temporary monopoly enforced by the state (or enforced using the legal mechanisms for redress supported by the state). In Economics, a monopoly (from Greek monos, alone or single + polein, to sell exists when a specific individual or enterprise has sufficient

Intellectual property rights are usually limited to non-rival goods, that is, goods which can be used or enjoyed by many people simultaneously - the use by one person does not exclude use by another. In Economics, a good is considered either rivalrous (rival or nonrival. This is compared to rival goods, such as clothing, which may only be used by one person at a time. For example, any number of people may make use of a mathematical formula simultaneously. Some objections to the term intellectual property are based on the argument that "property" can only properly be applied to rival goods (or that one cannot "own" property of this sort).

Since a non-rival good may be used (copied, for example) by many simultaneously (produced at zero marginal cost in economic terms), producers would have no incentive to create such works. In Economics and Finance, marginal cost is the change in Total cost that arises when the quantity produced changes by one unit Monopolies, by contrast, also have inefficiencies (producers will charge more and produce less than would be socially desirable).

The establishment of intellectual property rights therefore represents a trade-off, to balance the interest of society in the creation of non-rival goods (by encouraging their production) with the problems of monopoly power. Since the trade-off and the relevant benefits and costs to society will depend on many factors that may be specific to each product and society, the optimum period of time during which the temporary monopoly rights exist is unclear. [4]

History

See also: History of patent law  and History of copyright law

Modern usage of the term "intellectual property" began with the 1967 establishment of the World Intellectual Property Organization (WIPO), but it did not enter popular usage until passage of the Bayh-Dole Act in 1980. The history of Patents and patent Laws is generally considered to have started in Italy with a Venetian Statute of 1474 which was issued by the Republic of Venice Copyright was invented after the advent of the Printing press and subsequent widening of public literacy The World Intellectual Property Organization ( WIPO) is one of the 16 specialized agencies of the United Nations. The Bayh-Dole Act or University and Small Business Patent Procedures Act is the United States legislation dealing with intellectual property arising from [5]

The earliest use of the term "intellectual property" appears to be an October 1845 Massachusetts Circuit Court ruling in the patent case Davoll et al. v. Brown. in which Justice Charles L. Woodbury wrote that "only in this way can we protect intellectual property, the labors of the mind, productions and interests as much a man's own. . . as the wheat he cultivates, or the flocks he rears. " (1 Woodb. & M. 53, 3 West. L. J. 151, 7 F. Cas. 197, No. 3662, 2 Robb. Pat. Cas. 303, Merw. Pat. Inv. 414). The statement that "discoveries are. . . property" goes back earlier. Section 1 of the French law of 1791 stated "All new discoveries are the property of the author; to assure the inventor the property and temporary enjoyment of his discovery, there shall be delivered to him a patent for five, ten or fifteen years". [6] In Europe, French author A. This article is about the country For a topic outline on this subject see List of basic France topics. Nion mentioned "propriété intellectuelle" in his Droits civils des auteurs, artistes et inventeurs, published in 1846.

The concept's origins can potentially be traced back further. Jewish law includes several considerations whose effects are similar to those of modern intellectual property laws, though the notion of intellectual creations as "property" does not seem to exist. Halakha ( הלכה; alternative transliterations include Halocho and Halacha) is the collective body of Jewish Religious law [7] The Talmud contains the first known example of codifying a prohibition against the stealing of ideas, which is further discussed in the Shulchan Aruch. The Talmud ( Hebrew: he תַּלְמוּד is a record of Rabbinic discussions pertaining to Jewish law, ethics, customs and history The Shulchan Aruch (שולחן ערוך literally " Set Table " (also Shulhan Aruch or Shulchan Arukh) is a Codification [8]

Criticism

Main article: Criticism of intellectual property

Some critics of intellectual property, such as those in the free culture movement, characterize it as intellectual protectionism or intellectual monopoly, and argue the public interest is harmed by protectionist legislation such as copyright extension, software patents and business method patents. Critics of the term " Intellectual property " argue that the increased use of this terminology coincided with a more general shift away from thinking about things like copyright The free culture movement is a Social movement that promotes the freedom to distribute and modify Creative works, using the Internet as well as other Anti-copyright refers to the complete or partial opposition to prevalent Copyright laws. Copyright is a legal concept enacted by Governments, giving the creator of an original work of authorship Exclusive rights to control its distribution usually for Software patent does not have a universally accepted definition Business method patents are a class of Patents which disclose and claim new Methods of doing business. Although the term is in wide use, some critics reject the term "intellectual property" altogether. Richard Stallman argues that it "systematically distorts and confuses these issues, and its use was and is promoted by those who gain from this confusion. Richard Matthew Stallman (born March 16 1953 often abbreviated " rms " is an American software freedom activist " He suggests the term "operates as a catch-all to lump together disparate laws [which] originated separately, evolved differently, cover different activities, have different rules, and raise different public policy issues. "[9] These critics advocate referring to copyrights, patents and trademarks in the singular, and warn against abstracting disparate laws into a collective term.

Academic courses

The study of intellectual property has grown in to a distinct academic discipline, most notably in law schools from higher education institutions in developed countries such as the UK, Germany, USA and Canada. A law school (also known as a school of law or college of law) is an institution specializing in Legal education. The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located Germany, officially the Federal Republic of Germany ( ˈbʊndəsʁepuˌbliːk ˈdɔʏtʃlant is a Country in Central Europe. The United States of America —commonly referred to as the Country to "Dominion of Canada" or "Canadian Federation" or anything else please read the Talk Page Postgraduate courses (often referred to as an LLM or Master of Laws) are available for those looking to further their academic exposure and gain internationally recognised qualifications for intellectual property. See also Postgraduate Training in Education Postgraduate education (synonymous in North America with graduate education, and sometimes described The Master of Laws is an advanced Academic degree, or research degree and is commonly abbreviated LL The Master of Laws is an advanced Academic degree, or research degree and is commonly abbreviated LL

See also

References

  1. ^ What is Intellectual Property?, World Intellectual Property Organization.
  2. ^ Economic Effects of Intellectual Property-Intensive Manufacturing in the United States, Robert Shapiro and Nam Pham, July 2007.
  3. ^ Measuring the Economic Impact of IP Systems, WIPO, 1997.
  4. ^ Padraig Dixon and Christine Greenhalgh, The Economics of Intellectual Property: A Review to Identify Themes for Future Research, Oxford Intellectual Property Research Centre, Oxford, United Kingdom, November 2002.
  5. ^ Mark A. Lemley, "Property, Intellectual Property, and Free Riding" (Abstract); see Table 1: 4-5.
  6. ^ A Brief History of the Patent Law of the United States
  7. ^ Jewish Law and Copyright
  8. ^ The New York Sun Fighting for Intellectual Property Rights.
  9. ^ Richard M. Stallman. Did You Say “Intellectual Property”? It's a Seductive Mirage (HTML). Free Software Foundation, Inc. Retrieved on 2008-03-28. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 37 - Roman Emperor Caligula accepts the titles of the Principate, entitled to him by the Senate.

Further reading

Dictionary

intellectual property

-noun

  1. Any product of someone's intellect that has commercial value, especially copyrighted material, patents, and trademarks.
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