Intellectual Property

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Information about Intellectual Property in free legal resources:

Treaties & Agreements

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Jurisprudence $ Commentary

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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

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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