Intellectual Property

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International Legal Research

Information about Intellectual Property in free legal resources:

Treaties & Agreements

International Organizations

Jurisprudence $ Commentary

European Union

IP Law

Contents

Intellectual Property

Summary of Intellectual Property

Intellectual Property is, according withWilliam J. Miller, a general term covering industrial property such as patents, trademarks, and trade names, as well as literary and artistic property, including copyrights.

Consideration of the meaning of the word property

The outstanding features that most types of property share are that the owner of the property is free to use it as she/he wishes, provided the use is not against the law, and to exclude others from so using that owned item of property.

The term intellectual property in the Convention Establishing the World Intellectual Property Organization , or “WIPO”, does not have a more formal definition. The States that drafted the Convention chose to offer an inclusive list of the rights as relating to:

“Literary artistic and scientific works; performances of performing artists, phonograms, and broadcasts; inventions in all fields of human endeavor; scientific discoveries; industrial designs; trademarks, service marks, and commercial names and designations; protection against unfair competition; and “all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.” (Convention Establishing the World Intellectual Property Organization, Signed at Stockholm on July 14, 1967; Article 2, § viii)

For various administrative and historical reasons, intellectual property is usually dealt with under the following main headings:

  • Literary, artistic and scientific works e.g. books. Protection of this property is governed by laws (the term “laws” includes national laws and international agreements: treaties, conventions and similar intergovernmental instruments; treaties themselves may receive different treatment within various nations’ governments) concerning Copyright.
  • Performances, broadcasts e.g. concerts. Protection of this property is governed by laws concerning Copyright’s Related Rights.
  • Inventions e.g. a new form of jet engine. Protection of inventions is covered by laws concerning Patents.
  • Industrial designs e.g. the shape of a soft drinks bottle. Industrial Designs may be protected by its own specialized laws, or those of Industrial Property or Copyright.
  • Trademarks, service marks and commercial names and designations e.g. logos or names for a product with unique geographical origin, such as Champagne. Protection is normally available under various laws. In this course the laws are covered within the Trademark module.
  • Protection against unfair competition. e.g. false claims against a competitor or imitating a competitor with a view to deceive the customer. This is a theme that occurs in many of the modules in this course and is in fact the subject of a separate module.

Intellectual Property: Legal Issues

Introduction to Intellectual Property

Intellectual property was not always recognized as a single field of law. Historically, the fields of patent, copyright, and trademark developed independently. In the late 20th century, however, legal experts began to recognize that these various fields of law had a great deal in common because they all pertained to intangible products of the mind. Nevertheless, an attorney will often specialize in only one area of intellectual property, such as patent law, and the legal rules for the different branches of intellectual property law vary greatly.

In all branches of intellectual property, the legal system seeks to balance two competing concerns. On the one hand, protection must be strong enough to encourage authors and inventors to invest the necessary effort in innovation. On the other hand, the law must also allow people some freedom to use the intellectual property of others. This is because artistic, technological, and commercial progress always requires building on the work of others. To strike this balance, all branches of intellectual property law confer general rights on creators but also limit those rights with a variety of exceptions. For example, in patent law, a scientist may use someone else’s invention to conduct experiments. Similarly, copyright law allows a literary critic to quote passages of a novel in a review. Under trademark law, a company may use a competitor’s brand name in a comparative advertisement. In all these ways, intellectual property law tries to be flexible enough to protect the property rights of the creator while also allowing the public to benefit from the protected work.

In the United States and other countries, intellectual property has gained increased protection with advances in technology and international trade. However, some countries still tolerate the widespread sale of counterfeit versions of intellectual property products, such as software, movies on videotape, brand-name athletic goods, and even patented medicines. Violations of intellectual property rights cost the owners of the rights billions of dollars each year. These costs stem from lost royalties and sales in markets dominated by counterfeit products. In an attempt to reverse this situation, most nations of the world signed the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) in 1994. Administered by the World Trade Organization (WTO), TRIPS strengthened legal protection for intellectual property around the world. The United States has also attempted to negotiate direct agreements with countries such as China, where counterfeiting has been particularly extensive.

In the last years of the 20th century, the growth of the Internet and related digital technologies began to pose new problems for intellectual property owners. Unauthorized parties began using trademarks as domain names for Web sites, which made it difficult for consumers to find the trademark owner’s official Web site. Copyright owners found that their works, particularly music and movies, could be perfectly duplicated by parties using file-sharing software. New devices were sold that made it possible to defeat copy-control features, such as those designed to prevent duplication of digital video discs (DVDs). The U.S. government attempted to respond to these developments by adopting several complex new laws protecting intellectual property. These laws became controversial. On the one hand, intellectual property owners claimed that the laws failed to provide full protection against unauthorized use of their property. On the other hand, various consumer groups argued that the laws interfered with the public’s rights to engage in free speech and may also invade privacy. ” (1)

Intellectual Property

Overview of Intellectual Property in relation to cyber crime: [1]

Intellectual Property: Main Elements

The coverage of Intellectual Property includes the following main elements:

Overview

For detailed information on this issue, please read the corresponding entry.

Patent and Trade Secret

Please, refer to the appropiate entry related to the issue.

Trademark Law

Find out an overview of this issue following this link (topic).

References

See Also

  • Intellectual Property (in international or comparative law)

Main Elements in the United States Law

Intellectual Property Defined

The American legal Ecyclopedia (including defining Intellectual Property) offers a fundamental understanding of this topic, providing a fresh approach to the trends. The main entry thoroughly describes its application.

Protecting Against Infringement

The American legal Ecyclopedia offers a fundamental understanding of this topic, providing a fresh approach to the trends. The main entry thoroughly describes its application.

Get Help from an IP Attorney

The American legal Ecyclopedia offers a fundamental understanding of this topic, providing a fresh approach to the trends. The main entry thoroughly describes its application.

Intellectual Property: Special 301 Report

In relation to the international law practice and Intellectual Property: Special 301 Report in this world legal Encyclopedia, please see the following section:

Foreign Relations

About this subject:

Act of State and Political Question Doctrines

. Note: there is detailed information and resources, in relation with these topics during the year 2011, covered by the entry, in this law Encyclopedia, about In re Refined Petroleum Products Antitrust Litigation

Intellectual Property

In relation to the international law practice and intellectual property in this world legal Encyclopedia, please see the following section:

Trade, Commercial Relations, Investment, and Transportation

About this subject:

Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled

Note: there is detailed information and resources under these topics during the year 2013, covered by this entry on intellectual property in this law Encyclopedia.

Introduction

Intellectual Property

This entry provides an overview of the legal framework of intellectual property , with a description of the most significant features of intellectual property at international level.

Related Work and Conclusions

Resources

See Also

  • International Organization
  • Foreign Relations
  • Organization
  • United Nations
  • United Nations System
  • UN Agency

Resources

See Also

References (Papers)

  • A Splendid Torch: Learning And Teaching In Today’S Academic Libraries, Jodi Reeves Eyre, John C. Maclachlan, Christa Williford, Sep 2017
  • Water, Water, Nowhere: Adapting Water Rights For A Changing Climate, Caleb Hall, Aug 2017
  • You Probably Shouldn’T Build There: Watershed-Based Land Use Strategies For Mitigating Global Climate Change In New Jersey’S Freshwater Systems, Matthew Knoblauch, Aug 2017
  • Intellectual Property And Competition, Herbert J. Hovenkamp, Aug 2017
  • Charitable Trademarks, Leah Chan Grinvald, Aug 2017
  • The Ttab Should Drink A Beer And Relax: Implications For Trademark Consent Agreements In The Craft Brewing Industry After In Re Bay State Brewing Company, Inc., Spencer T. Wiles, Aug 2017

Resources

Notes and References

1. By Samuel C. McQuade, III

See Also

  • Types of Cybercrime
  • Cybercriminal

Further Reading

McQuade, S.C. (2006). Cyber laws and regulations (and specifically Intellectual property law, pp. 295–301), in Understanding and managing cybercrime. Boston: Pearson Education, Inc.; U.S. Copyright Office Web site: (internet link) copyright.gov/; U.S. Patent and Trademark Office Web site: https:// (internet link) uspto.gov/.

Resources

Notes and References

Guide to Intellectual Property

The Legal History of Intellectual Property

This section provides an overview of Intellectual Property

Resources

See Also

  • Legal Biography
  • Legal Traditions
  • Historical Laws
  • History of Law

Further Reading

Intellectual Property in Constitutional Law

From the Comparative Constitutions Project: Creative ideas and expressions of the human mind that possess commercial value and receive the legal protection of a property right. The major legal mechanisms for protecting intellectual property rights are copyrights, patents, and trademarks. Intellectual property rights enable owners to select who may access and use their property, and to protect it from unauthorized use.

Intellectual property and the Treaties of the European Union

Description of Intellectual property provided by the European Union Commission: Like tangible goods, intellectual creations can constitute property which is designated “intellectual property”. Intellectual property traditionally covers two areas:

• industrial property which mainly comprises patents, designs and models, manufacturers and service brands and protected designations of origin;

• copyright and related rights which apply to all literary and artistic works.

This field covers cultural, social and technological issues of great importance which have to be taken into account when drawing up a coherent policy in this area. Thus, on the question of industrial property, Community regulations have endeavoured to harmonise the conditions for the registration of trademarks and extend to holders the protection conferred by a single set of rules. A Regulation introducing a Community design was also adopted in December 2001. In order to encourage innovation, the Union is also working on the creation of a Community patent. On the question of copyright and related rights, harmonised Community legislation was drawn up in areas where legal uncertainty was likely to dissuade holders from exploiting rights in certain territories (computer programmes and databases, satellite broadcasting and cable retransmission, rental right and lending right and certain related rights). European legislation was then adapted to take account of the new challenges posed by technological progress and the information society. Measures aimed at combating counterfeiting and piracy have moreover been taken at European level.

Resources

See Also

Popular Treaties Topics

  • Treaties of the United Nations (UN)
  • Types of Treaties
  • International Treaties
  • Famous Treaties
  • Law of Treaties
  • Numbered Treaties

Intellectual property and the Treaties of the European Union

Description of Intellectual property provided by the European Union Commission: Like tangible goods, intellectual creations can constitute property which is designated “intellectual property”. Intellectual property traditionally covers two areas:

• industrial property which mainly comprises patents, designs and models, manufacturers and service brands and protected designations of origin;

• copyright and related rights which apply to all literary and artistic works.

This field covers cultural, social and technological issues of great importance which have to be taken into account when drawing up a coherent policy in this area. Thus, on the question of industrial property, Community regulations have endeavoured to harmonise the conditions for the registration of trademarks and extend to holders the protection conferred by a single set of rules. A Regulation introducing a Community design was also adopted in December 2001. In order to encourage innovation, the Union is also working on the creation of a Community patent. On the question of copyright and related rights, harmonised Community legislation was drawn up in areas where legal uncertainty was likely to dissuade holders from exploiting rights in certain territories (computer programmes and databases, satellite broadcasting and cable retransmission, rental right and lending right and certain related rights). European legislation was then adapted to take account of the new challenges posed by technological progress and the information society. Measures aimed at combating counterfeiting and piracy have moreover been taken at European level.

Resources

See Also

Popular Treaties Topics

  • Treaties of the United Nations (UN)
  • Types of Treaties
  • International Treaties
  • Famous Treaties
  • Law of Treaties
  • Numbered Treaties

In the United States

For information about Intellectual property in the context of international trade, click here

Hierarchical Display of Intellectual property

Production, Technology And Research > Research and intellectual property
Trade > Marketing > Marketing > Designation of origin
International Organisations > United Nations > UN specialised agency > World Intellectual Property Organisation
Agriculture, Forestry And Fisheries > Agricultural activity > Crop production > Plant variety right
Social Questions > Culture and religion > Cultural policy > Literary and artistic property
Law > Rights and freedoms > Rights of the individual > Protection of privacy > Right of personal portrayal
Business And Competition > Management > Management > Intellectual capital
Education And Communications > Organisation of teaching > Teaching materials > Open educational resources
Business And Competition > Accounting > Accounting > Financial accounting > Intangible asset

Intellectual property

Concept of Intellectual property

See the dictionary definition of Intellectual property.

Characteristics of Intellectual property

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Resources

Translation of Intellectual property

Thesaurus of Intellectual property

Production, Technology And Research > Research and intellectual property > Intellectual property
Trade > Marketing > Marketing > Designation of origin > Intellectual property
International Organisations > United Nations > UN specialised agency > World Intellectual Property Organisation > Intellectual property
Agriculture, Forestry And Fisheries > Agricultural activity > Crop production > Plant variety right > Intellectual property
Social Questions > Culture and religion > Cultural policy > Literary and artistic property > Intellectual property
Law > Rights and freedoms > Rights of the individual > Protection of privacy > Right of personal portrayal > Intellectual property
Business And Competition > Management > Management > Intellectual capital > Intellectual property
Education And Communications > Organisation of teaching > Teaching materials > Open educational resources > Intellectual property
Business And Competition > Accounting > Accounting > Financial accounting > Intangible asset > Intellectual property

See also

  • Intellectual property right

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  83. European Economic Community Summary of European Economic Community One of the three components of the European Communities. In March 1957, the members of the European Coal and Steel Community (France, Federal Republic of Germany, Italy, and the Benelux countries) expanded the sphere of economic cooperation through the [...]...
  84. Wipo Wipo Wipo in International Trade Meaning of Wipo, according to the Dictionary of International Trade (Global Negotiator): The World Intellectual Property Organization is specialized agency of the United Nations system that seeks to promote international cooperation in the protection of [...]...
  85. International copyright Part 10 Contents International copyright Part 10   83 U.S.A. Ct. App. Oct. 26, 2004: Copyright Act, Sec. 1201(a)(1) and (2), 1201(f) ... Read more...
  86. International copyright Part 12 Contents International copyright Part 12   107 Copyright Law-First Circuit Countermands Photographer’s Copyright in Favor of Fair Use -Nunez v. ... Read more...
  87. Copyright Introduction to Copyright Copyright, branch of law granting authors the exclusive privilege to reproduce, distribute, perform, or display their creative works. The goal of copyright law is to encourage authors to invest effort in creating new works of art and literature. Copyright is one [...]...
  88. Trademark History Introduction to Trademark HistoryThroughout history, makers of goods have put their names or other marks on things they produce. Items such as medieval swords and ancient Chinese pottery were marked with identifiable symbols so buyers could trace their origin and determine their quality. Be......
  89. Legal Personality The Legal History of Legal Personality in Islamic Law This section provides an overview of Legal Personality in Islamic Law Legal Personality and Europe There is an entry on legal personality in the European legal encyclopedia. Resources See Also Further Reading Entry "Legal [...]...
  90. List of international public law topics Contents List of international public law topics This is a comprehensive list of entries dealing with public international law, including ... Read more...
  91. International human rights law Part 34 Contents International human rights law Part 34   468 Intellectual Property Law and Indigenous Peoples: Adapting Copyright Law to the ... Read more...
  92. Agribusiness Property Contents Agribusiness Property Three kinds of property are important in the agribusiness sector: real property (land or buildings); movable property ... Read more...
  93. Protection of Property The Protection of Property This section provides an overview of the protection of property within the legal context of The Protection of Property in international economic law (Main Regulatory Areas)....
  94. Community Preference Summary of Community Preference A component principle of the Common Agricultural Policy (read this and related legal terms for further details) of the European Economic Community.(Main Author: William J. Miller) Community Preference and Europe There is an entry on community [...]...
  95. Bad Faith Enforcement In the United States For information about Bad faith enforcement in the context of international trade, click here...
  96. Special 301 Report Intellectual Property: Special 301 Report in 2011 United States views on international law (based on the document "Digest of U.S. Practice in International Law"): On May 2, 2011, the Office of the U.S. Trade Representative ("USTR") announced the issuance of the 2010 Special [...]...
  97. Intervention Summary of Intervention A process within the framework of the Common Agricultural Policy (read this and related legal terms for further details) of the European Economic Community whereby the EEC will purchase certain commodities currently selling below a stipulated target price. The price [...]...
  98. International copyright Part 5 Contents International copyright Part 5   26 Copyright Enforcement at All Costs? Finding a Place for Balance in the International ... Read more...
  99. Commodity Summary of Commodity A nondifferentiated product produced with commonly available technology.(Main Author: William J. Miller) The Legal History of Commodity in Islamic Law This section provides an overview of Commodity in Islamic Law Commodity in International Trade Meaning of [...]...
  100. European Communities Summary of European Communities The name for the collective institution that embraces the European Economic Community, the European Atomic Energy Community, and the European Coal And Steel Community (qq.v.). Each of the three entities was established by separate convention, the earliest of [...]...
  101. Universal Copyright Convention Universal Copyright Convention (UCC) and the GATT Policy Negotiations In relation to the GATT Policy Negotiations, Christopher Mark (1993) provided the following explanation and/or definition of Universal Copyright Convention (UCC): An international agreement on intellectual property [...]...
  102. Paris Convention for the Protection of Industrial Property 4 Contents Paris Convention for the Protection of Industrial Property   Article 6septies (1) If the agent or representative of the ... Read more...
  103. Property History Introduction to Property HistoryThe concept of property originated in ancient times. Societies apparently held most property rights-such as the right to hunt or fish in a given area-in common. Although some private ownership of personal property, such as weapons and cooking utensils, existe......
  104. Community Transit Community transit and the Treaties of the European Union Description of Community transit provided by the European Union Commission: Customs procedure that allows goods to be moved from one point in the Community to another. Resources See Also Popular Treaties Topics Treaties of the United [...]...
  105. Court of Justice of the European Communities Court of Justice of the European Communities and the Treaties of the European Union Description of Court of Justice of the European Communities provided by the European Union Commission: The Court of Justice is composed of the same number of judges as there are Member States. At present it has [...]...
  106. Industrial Design Industrial Design in International Trade Meaning of Industrial Design, according to the Dictionary of International Trade (Global Negotiator): A scheme, drawing, plan, or other depiction of a new model, shape or configuration that is decorative or ornamental. In most of the countries, the [...]...
  107. Commercial Relations Cross References of Trade, Commercial Relations, Investment, Transportation in International Law Counternarcotics majors list, information on International Criminal Law in this legal Encyclopedia.B.2.a. Anti-Counterfeiting Trade Agreement, information on Treaty Affairs in this legal [...]...
  108. Treaties Office Treaties Office and the Treaties of the European Union Description of Treaties Office provided by the European Union Commission: The Treaties Office of DG External Relations of the European Commission, has two main roles: to advice on practice and procedural matters relating to the different [...]...
  109. Innovation Innovation and the Laws of International Trade The relationship between antitrust law and intellectual property Intellectual Property and Competition Law Three general principles When antitrust concerns arise The three markets The horizontal/vertical distinction Rule of [...]...
  110. Moral Rights Moral Rights and the GATT Policy Negotiations In relation to the GATT Policy Negotiations, Christopher Mark (1993) provided the following explanation and/or definition of Moral Rights: An artist's ability to control use of creative works such as books and films, even after relinquishing [...]...
  111. Customs Border Protection Enforcement In the United States For information about Customs Border Protection Enforcement in the context of international trade, click here...
  112. Matrimonial Property Matrimonial Property in Private International Law This section contain conflict of laws information and cross references related to matrimonial property on some major countries and additional jurisdictions. It covers key issues involved when citizens face international situations. Information [...]...
  113. Property and Ownership in Philosophy Main source: Waldron, Jeremy, “Property and Ownership”, The Stanford Encyclopedia of Philosophy (Spring 2012 Edition), Edward N. Zalta (ed.), URL ... Read more...
  114. Patents Introduction This part of the Encyclopedia of Law provides an overview of the basic attributes of patents, along with the patentability requirements, practice in the USPTO, primarily the steps involved in obtaining a patent, some post-issuance considerations such as the patent term, and the [...]...
  115. International copyright Part 8 Contents International copyright Part 8   60 An International-Comparative Perspective on Peer-to-Peer File-Sharing and Third Party Liability in Copyright Law: ... Read more...
  116. Real Property The Legal History of Real Property This section provides an overview of Real Property Real Property Contents of Real Property Contents of this subject matter include: This topic examines land law in several jurisdictions. the topics to be covered are: (Tenures and Estates and Native Title; [...]...
  117. Treaty Summary Summary and the Treaties of the European Union Description of Summary provided by the European Union Commission: A treaty summary contains: • General Data : title; type (bilateral or multilateral); place and date of signature; objective; remarks; subject matter; key words; depositary; [...]...
  118. Copyright Theories In the United States For information about Copyright theories in the context of international trade, click here...
  119. International copyright Part 7 Contents International copyright Part 7   44 Fitting United States Copyright Law into the International Scheme: Foreign and Domestic Challenges ... Read more...
  120. Church Property In relation to religious matters, find out about Church Property and the following issues in this world legal Encyclopedia: Unincorporated, Trustee Charter, By-Laws Suits, Corporation, Members Deed, Court, Title Subscription, Lots Misnomer, Identity Adverse Possession, Color of Title ...

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