INTELLECTUAL PROPERTY RIGHT

INTRODUCTION

Intellectual Property Rights (IP) is a category of  Intangible Rights creations of the human intellect. There are many types of intellectual property rights, and some countries recognize more than others. The most well-known types are Trade Mark, CopyrightsPatentsDesigns.

The main purpose of intellectual property law is to encourage the creation of a wide variety of intellectual goods and services. To achieve this, the law gives people and businesses property rights to the information and intellectual goods they create, usually for a limited period of time. These economic incentives are expected to stimulate innovation and contribute to the technological progress of countries, which depends on the extent of protection / safeguard granted to innovators.

DefinitionIntellectual property rights refers to the general term for the assignment of property rights through patents, copyrights and trademarks. These property rights allow the holder to exercise a monopoly on the use of the item for a specified period.

OBJECT OF INTELLECTUAL PROPERTY RIGHT

The main purpose of intellectual property law is to encourage the creation of a wide variety of intellectual goods for consumers. To achieve this, the law gives people and businesses property rights to the information and intellectual goods they create, usually for a limited period of time.

By exchanging limited exclusive rights for disclosure of inventions and creative works, society and the patentee/copyright owner mutually benefit, and an incentive is created for inventor’s authors to create and disclose their work. Some commentators have noted that the objective of intellectual property legislators and those who support its implementation appears to be “absolute protection”. “If some intellectual property is desirable because it encourages innovation, they reason, more is better. The thinking is that creators will not have sufficient incentive to invent unless they are legally entitled to capture the full social value of their inventions”. This absolute protection or full value view treats intellectual property as another type of “real” property, typically adopting its law and rhetoric.

TYPES OF INTELLECTUAL PROPERTY RIGHT

Trademarks

trademark is recognizable signdesign or expression which distinguishes  products or services of a particular trader from similar products or services of other traders.

Trade dress

Trade dress is a legal term of art that generally refers to characteristics of the visual and aesthetic appearance of a product or its packaging (or even the design of a building) that signify the source of the product to consumers.

Copyright

copyright gives the creator of an original work exclusive rights to it, usually for a limited time. Copyright may apply to a wide range of creative, intellectual, or artistic forms, or “works”. Copyright does not cover ideas and information themselves, only the form or manner in which they are expressed.

Patents

patent is a form of right granted by the government to an inventor or their successor-in-title, giving the owner the right to exclude others from making, using, selling, offering to sell, and importing an invention for a limited period of time, in exchange for the public disclosure of the invention. An invention is a solution to a specific technological problem, which may be a product or a process and generally has to fulfill three main requirements: it has to be new, not obvious and there needs to be an industrial applicability. To enrich the body of knowledge and stimulate innovation, it is an obligation for patent owners to disclose valuable information about their inventions to the public.

Design

An industrial design right (sometimes called “design right” or design patent) protects the visual design of objects that are not purely utilitarian. An industrial design consists of the creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in three-dimensional form containing aesthetic value. An industrial design can be a two- or three-dimensional pattern used to produce a product, industrial commodity or handicraft. Generally speaking, it is what makes a product look appealing, and as such, it increases the commercial value of goods.

Trade secrets

trade secret is a formula, practice, process, design, instrument, pattern, or compilation of information which is not generally known or reasonably ascertainable, by which a business can obtain an economic advantage over competitors and customers. There is no formal government protection granted; each business must take measures to guard its own trade secrets (e.g., Formula of its soft drinks is a trade secret for Coca-Cola.)

geographical indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. In order to function as a GI, a sign must identify a product as originating in a given place.