What Can Be Considered As Intellectual Property? Find Out Here - PRR Computers, LLC

by Andrew Turkhurst
3 years ago

Intellectual property – also called IP – is the exclusive right to the use of a product, idea, or invention for a set amount of time in a particular jurisdiction. It can apply to anything from a patent on new technology to copyright protection for a book. In this article, we will explore different types of intellectual properties and their legal definitions to better understand what they are and how they work!

1. Copyright

Copyright is the most common type of intellectual property. Copyright protection extends to any work that can be categorized as intellectual. This includes published or unpublished writing, music, drama, videos, choreography, photos, paintings, drawings, and sculptures just to name a few examples! The best way to protect your copyright is to hire a law firm. The attorneys at Camuti Law Group specialize in intellectual property law, so it’s best to find specialized lawyers as you would if you had suffered a personal injury. If you have created something you are proud of and want to share it with the world without fear of unauthorized sharing or stealing your work then copyright protection might be right for you. 

2. Patents

Patents involve inventors being granted exclusive patent rights by the government to help protect their inventions from being stolen before they are ready for commercialization. It also helps them decide how their invention is made available to others rather than allowing third parties to sell knock-off products! For example, patents were granted to inventors of the television for them to decide how their invention is made available to others.

3. Trademarks and Trade Secrets

Trademarks are the most well-known form of intellectual property protection. These are typically symbols, words, or phrases that identify a specific product or service with its source e.g., McDonald’s arches! This helps consumers easily recognize who makes what so they can continue to buy from the same provider again and again without being confused. Trade dress is another type of trademark which represents non-functional elements associated with a brand such as color schemes, shapes, textures, and design features that contribute to the overall feel of a product or service. For example, a trade dress was granted to the design of the three-dimensional shape of a Coca-Cola bottle as well as its label, color scheme, and size.

Trade secrets are methods, devices, procedures, or information that have value because they are not generally known by others in the industry e.g., Coca-Cola’s exact formula! They are protected through laws preventing people from misappropriating them without authorization or being exposed to someone who shouldn’t have access to that knowledge, both of which would give rise to legal claims under contract law. Although trade secrets do not receive any type of explicit legal protection, they can provide business value for as long as they remain undisclosed!

4. Industrial Designs

Industrial designs protect non-functional features associated with a product such as the overall look and feel of it e.g., Apple’s iPhone X! It can also refer to any surface decorations on an object without impacting its functionality e.g., Nike’s checkmark! It is important to note that copyright protection does not extend to industrial designs so inventors wanting IP protection for their designs should file for this type instead of or in addition to copyright depending on what they wish to protect!

5. Geographical Indications

Geographical indications protect specific names of geographic locations used to identify a product e.g., Champagne! When a name of a location is associated with high-quality products then the protection of that name as a geographical indication helps reduce confusion for consumers and protects companies using that designation from others trying to sell knock-off products. 

This is especially important in places where geographical indications are known to have higher quality standards such as through European Union countries’ Protected Designation of Origin system which protects food and drink names linked with specific locations across the EU. It also allows those producing goods in this designated area or region to indicate their geographic origin without fear of infringing upon other brands!

6. Plant Breeders’ Rights

Plant breeders’ rights are specifically meant for protecting new plant breeds from being harvested before they are commercially available. According to the International Union for the Protection of New Varieties of Plants (UPOV), the variety must be new and distinct, uniform and stable. A breeder of a new plant can register their rights with UPOV for this type of intellectual property protection which will allow them to quickly stop anyone from using the particular plant until it is available for commercialization or sale!

There are so many types of intellectual property protection, each with its own set of legal rights and claims. Business owners should be aware of these different kinds so they know what is being protected when it comes to their brands!


1 Comment

Leave a Reply

Your email address will not be published. Required fields are marked *