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WHAT CLASS OF RIGHTS ARE PROTECTED BY INTELLECTUAL PROPERTY LAWS?
As the name implies, IP rights apply to creative works of the mind, but only as long as they have found expression in some physical form.
This is the rationale behind the saying that IP laws do not protect mere...
As the name implies, IP rights apply to creative works of the mind, but only as long as they have found expression in some physical form.
This is the rationale behind the saying that IP laws do not protect mere...
ideas, rather, the physical manifestation of those ideas.
What this means is that if you have for example, designed an incredible robot in your head, but have not proceeded to put that design down in some physical, registrable form, there are no laws to protect the design and...
What this means is that if you have for example, designed an incredible robot in your head, but have not proceeded to put that design down in some physical, registrable form, there are no laws to protect the design and...
if by some architecture, another person replicates that exact product you have made a mental construction of, you can't sue them for "infringing" on your IP because in fact, they haven't.
IP rights are generally classed into four headings as follows:
1. Copyrights
2. Patents
...
IP rights are generally classed into four headings as follows:
1. Copyrights
2. Patents
...
3. Trademarks
4. Trade Secrets
So, let's consider in brief, what these different rights speak to.
1. If you have written a book, produced music, painted or drawn a piece of art or authored/created any other original form of literary or artistic work, it is your intellectual...
4. Trade Secrets
So, let's consider in brief, what these different rights speak to.
1. If you have written a book, produced music, painted or drawn a piece of art or authored/created any other original form of literary or artistic work, it is your intellectual...
property, and you can exercise the right to restrict people's ability to reuse same without your permission and their due acknowledgement of your authorship by copyrighting that work.
The only exception to unauthorized use of copyrighted work is in the case of FAIR USE, which...
The only exception to unauthorized use of copyrighted work is in the case of FAIR USE, which...
is where the piece has been used in the interest of the public and in a non-commercial manner, such as for educational purposes.
(This is where you'd need a lawyer to help you determine when the line for what is fair use of your, or another person's work has been crossed
).
(This is where you'd need a lawyer to help you determine when the line for what is fair use of your, or another person's work has been crossed
).
2. Patents are granted for inventions and imbue a right in the patented property in the inventor or discoverer. Generally, any new, unique and useful concept that a person or group of persons originate can be patented and the owners of the patent can proceed to produce, sell...
or pitch the idea to investors without fear of having it stolen.
The catch to this however, is in a trick known as reverse engineering.
This happens when parties who've been introduced to your patented idea proceed to tear it apart, study it and radically modify or enhance it...
The catch to this however, is in a trick known as reverse engineering.
This happens when parties who've been introduced to your patented idea proceed to tear it apart, study it and radically modify or enhance it...
until they have a variation so strongly unique and possibly even better than your original idea, that they can file for, and obtain a patent for it, thereby bypassing the need to compensate you for your original idea.
Unfair world, right?
(Once again, a lawyer can help you here).
Unfair world, right?
(Once again, a lawyer can help you here).
3. Any symbol, word, phrase, design or mark that distinguishes a product, especially from other similar ones, is a trademark and ought to be registered as same.
The most important reason to trademark business names, symbols etc., is to ensure that competitors do not, by merely...
The most important reason to trademark business names, symbols etc., is to ensure that competitors do not, by merely...
producing similar items, benefit unfairly from the goodwill that other brands have built over the years and a very relatable example here would be Coca-Cola and Pepsi.
They both produce similar fizzy drinks, with same colours and all, but you can easily identify a Coke bottle...
They both produce similar fizzy drinks, with same colours and all, but you can easily identify a Coke bottle...
as different from a Pepsi bottle when you see both, even without tasting the contents, because of the distinct aesthetics of both brands.
That's the idea!
4. The last classification of IP rights is probably the most gargantuan of them all because it speaks to the core of all...
That's the idea!
4. The last classification of IP rights is probably the most gargantuan of them all because it speaks to the core of all...
corporate dealings.
A trade secret is any piece of confidential information upon which a business stakes its competitive advantage in the market.
Once again, we go to Coca-Cola.
Many of us have heard that the soda giants have a secret formula for their products that is closely...
A trade secret is any piece of confidential information upon which a business stakes its competitive advantage in the market.
Once again, we go to Coca-Cola.
Many of us have heard that the soda giants have a secret formula for their products that is closely...
guarded and transmitted only on a need-to-know basis.
That is not a lie!
Aside from marking brands as distinct, the mystery around trade secrets, in many ways, increases the market appeal for a company's products, but also exposes them to attempts at corporate espionage from...
That is not a lie!
Aside from marking brands as distinct, the mystery around trade secrets, in many ways, increases the market appeal for a company's products, but also exposes them to attempts at corporate espionage from...
competing brands looking to break big.
To protect against this, it is advised to use Nondisclosure Agreements and specifically assign the status of "trade secret" to information that is same, especially when dealing with employees and business partners.
Obviously, there is a...
To protect against this, it is advised to use Nondisclosure Agreements and specifically assign the status of "trade secret" to information that is same, especially when dealing with employees and business partners.
Obviously, there is a...
larger conversation around what more can be done to protect trade secrets and indeed, other Intellectual Property rights from infringement. For this, bring in lawyers to register your IP rights and set up frameworks that will forestall likely breaches and ensure full protection.
