Technology & Engineering
Intellectual Property
Intellectual property refers to creations of the mind, such as inventions, literary and artistic works, designs, symbols, names, and images used in commerce. In the context of technology and engineering, intellectual property includes patents for new inventions, trademarks for product branding, and copyrights for software code and designs. These legal protections help creators and innovators safeguard their ideas and investments.
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9 Key excerpts on "Intellectual Property"
eBook - PDFThe Guide to Entrepreneurship
How to Create Wealth for Your Company and Stakeholders
- Ph.D Szycher(Author)
- 2018(Publication Date)
- Productivity Press(Publisher)
203 Chapter 10 Intellectual Property 10.1 Introduction Intellectu al prop erty ( IP ) is a legal concept that refers to creations of the mind for which exclusive rights are recognized. 1 In its broadest sense, intel-lectual property means the legal rights that result for intellectual activity in the industrial, scientific, literary, and artistic fields, and protection against unfair competition. 2 On July 31, 1790, Samuel Hopkins was issued the first patent for a pro-cess of utilizing potash, an ingredient used in fertilizer, for soap making. The patent was signed by President George Washington, by Secretary of State Thomas Jefferson, as well as the Secretary of War and the Attorney General. Hopkins was born in Vermont, but was living in Philadelphia, PA, when the patent was granted and issued as shown in Figure 10.1. Under the international Intellectual Property law concept, owners are granted certain exclusive time-limited rights (20 years from the filing date) to a variety of intangible assets, such as musical, literary, and artistic works; technical discoveries and inventions; plus words, phrases, expressions, sym-bols, designs, commercial names, and designations. It is your bank account of ideas. Familiarity with the concept of Intellectual Property can give you an edge in today’s competitive environment. Legally recognized Intellectual Property comes in several forms, as summarized in Table 10.1. A patent grants an inventor exclusive rights to make, use, sell, and import an invention for a limited period of time (on June 8, 1995, the new 204 ◾ The Guide to Entrepreneurship: How to Create Wealth for Your Company term took effect in the U.S.), in exchange for the public disclosure of the invention and its practical application. An invention is a solution to a specific technological problem, which may be a product or a process.
eBook - PDFTechnoscientific Research
Methodological and Ethical Aspects
- Roman Z. Morawski(Author)
- 2019(Publication Date)
- De Gruyter(Publisher)
Intellectual Property (IP) is understood as a plurality of rights related to prod- ucts of the human mind; i.e. products of intellectual activity in the literary, artistic, scientific and industrial fields. Thus, it applies not only to pieces of literature and music but also to scientific discoveries and inventions, computer programs, indus- trial designs and technologies, and trade information. Industrial property is a part of IP, including patents for invention, utility models, industrial designs, trade- marks, trade names and geographical indications 1 . The products of intellectual cre- ation are object of IP regardless of the proportion between heuristic and algorithmic components they contain; this proportion has, however, an impact on the scope and nature of legal protection they may be eligible for. The idea of legal protection of IP finds a philosophical justification in the theo- ries referring to: 1 Understanding Industrial Property, World Intellectual Property Organization, Geneva 2016 (2nd edition), http://www.wipo.int/edocs/pubdocs/en/wipo_pub_895_2016.pdf [2018-04-09], pp. 28–32. https://doi.org/10.1515/9783110584066-018 – a utilitarian conviction that society should stimulate creative activity of its members by introducing appropriate material incentives 2 ; – the belief, implied by the John Locke’s understanding of the law of nature, that any creator should have the exclusive right to the fruits of his work, as long as this right does not infringe upon the common social interest 3 ; – the views expressed by Georg W.
eBook - PDF- M. H. Fulekar(Author)
- 2010(Publication Date)
- CRC Press(Publisher)
“The World Intellectual Property Organization (WIPO) defines Intellectual Property (IP) as “creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.” More specifically, Intellectual Property refers to a broad collection of rights relating to such matters as works of authorship, which are protected under copyright law; inventions, which are protected under patent law; marks, which are protected by trademark law; as well as trade secrets, designs and other related rights. It is important to note that these forms of Intellectual Property are very different and the protections afforded under them serve different purposes”. 20.1 PERSPECTIVES Research and development in biotechnology is extremely costly and time-consuming. The pharmaceutical industry provides a good funding to research projects in order to bring a drug or biological product to the market. The academic and research programmes are also made available to generate resources in biotechnology. However, in order to leverage funding or to recoup your investment in research, there is usually one prerequisite required by private and increasingly, in a public funding agency — a clearly defined patent right to the invention. One of the most significant developments associated with the advent of biotechnology has been the strengthening of Intellectual Property protection for biological CHAPTER CHAPTER Intellectual Property RIGHTS 20 inventions. Developments in biotechnology and the recent commercial valuation of genetic resources are putting pressure on governments around the world to ensure the protection of Intellectual Property Rights (IPRs). IPRs are the legal instruments which confer protection in the form of patent and processes or products of research and development efforts and formally assure the allocation of benefits to the inventor in return for full disclosure to society.
eBook - PDFTechnology Law
Australian and International Perspectives
- Marcus Smith, Gregor Urbas(Authors)
- 2021(Publication Date)
- Cambridge University Press(Publisher)
184 Intellectual Property 9 9 Intellectual Property 185 Introduction Intellectual Property involves the legal protection of inventions and other creative products. Its main categories are patents, copyright and trade marks, with related forms of protection also covering designs, circuit layouts, plant breeders’ rights, domain names and trade secrets. Some Intellectual Property rights attach automatically to a novel invention or creation, while others require registration in a publicly administered system, depending on the jurisdiction. Protection is typically limited to a specified time, with extension possible in some systems. What is offered to creators is an incentive to make potentially beneficial advances available to the public, rather than be kept secret or for private use only, by way of a limited monopoly. The exclusive right that is granted has a number of components, but the main benefit it confers is the opportunity to exploit economically the invention or creation under a statutory monopoly for the prescribed length of time, after which it becomes generally available to the public on equal terms. For example, a technical innovation in car design might be achieved by one manufacturer, and introduced to the market under patent as well as other forms of protection, but is able to be adopted by competitors after the protections lapse. Until then, competitors may seek to introduce comparable innovations, but if they do so by too closely copying or exploiting the original and protected version, they will be at risk of infringement claims. The enforcement of Intellectual Property rights thus depends heavily on actual or potential litigation, adding a layer of legal process to any registration requirements. Not everybody seeks to protect their Intellectual Property.
eBook - PDF- Aram Sinnreich(Author)
- 2019(Publication Date)
- Yale University Press(Publisher)
Our focus will be primarily on American and western Euro-pean approaches to IP, for reasons that will become clear, although we will also spend some time on its role in international relations. By the time you finish the book, you won’t know everything about IP, but you’ll know enough to participate in the debate and to inter-pret and apply the laws according to your own point of view, and you’ll know where to look next to continue your education. But before we do any of that, we need to answer the question we started with: What is Intellectual Property? At the most basic level, IP is a set of legal rights, rooted in legislation, interpreted by the courts, and used for better and for worse by a range of different Introduction 4 stakeholders, from individual authors to international conglomer-ates. In the remainder of this introduction we will explore specific varieties of IP, from copyrights to trade secrets, and consider briefly “how the sausage is made”—that is, where these laws come from and how they’re used in practice. Copyright Copyright is perhaps the most contentious and visible form of IP, and it plays the greatest role in enabling, constraining, and regulat-ing our media and cultural spheres. It gives the author or creator of a work a temporary monopoly over certain uses of that work. Specifically, only the owner of a copyright can reproduce a work, prepare derivative works (such as translations and dramatizations) based on it, distribute or sell copies of it, and perform or display the work publicly. The owner can also grant third parties the right to do those things as well, in exchange for money or other considera-tions, or for reasons of generosity, altruism, or self-promotion. When copyright was first developed in the U.S., the law covered only books, maps, and charts.
eBook - ePubDeal Makers
How intelligent use of contracts can help you sell more and deliver better
- Tiffany Kemp(Author)
- 2013(Publication Date)
- Anoma Press(Publisher)
Originally conceived to encourage people and companies to invest time and money in creating new and innovative things, Intellectual Property rights are ones that can be protected by the law. There are different categories of rights in Intellectual Property that can be protected by law, each of which is designed to protect different rights and works in a different way.You might find that more than one of these will apply to the same item, or element, of Intellectual Property.Patents
Patents are probably the most well-known Intellectual Property right.A patent is a formally registered means of protecting an invention that meets some strictly assessed criteria. These vary slightly according to the country in which you wish to file your patent, but generally include:• Novelty – the invention has to be genuinely new and novel, and not have been disclosed into the public domain prior to its registration for a patent • Inventive step – the invention has to be truly inventive, and not simply the next logical progression from the current state-of-the-art • Capable of commercial application – the invention cannot simply be a clever gimmick. It must have some sort of commercial application Under English law, a number of categories of invention or intellectual creation are specifically excluded from patentability: • Scientific or mathematical discoveries, theories and methods • Literary, dramatic, musical or artistic works • Particular ways of performing a mental act, playing a game or doing business – so a clever business model could not be protected by a patent• The presentation of information, or some computer programs – this is different in the USA, where patents are regularly awarded for computer programs. In the UK it is very difficult to patent computer software, although there are signs that this may be changing
- William Sims Bainbridge, William S. Bainbridge(Authors)
- 2011(Publication Date)
- SAGE Publications, Inc(Publisher)
240 W hereas traditional property rights give owner-ship in land and tangible goods, Intellectual Property rights protect creations of the human mind. The ideas and information that qualify for legal pro-tection, ranging from inventions and scientific discoveries to artistic works and designs, are protected through the governmental grant of exclusive rights in intangible assets representing the Intellectual Property. These exclusive rights allow Intellectual Property owners the ability to con-trol certain uses of their intellectual creations by others, typically for a limited period of time. Intellectual Property law broadly serves both to protect rights in intellectual goods and services and to provide a legal mechanism to promote fair trade and a regulated dissemination of knowl-edge created back to society for further innovation. To give an overview of the various types of Intellectual Property rights, reference to Intellectual Property law in the United States will be used. In the United States, the power to grant Intellectual Property rights derives from Article I, section 8, of the Constitution, which grants Congress the power “to promote the Progress of science and useful arts, by securing for limited times to authors and inventors, the exclusive right to their respective Writings and Discoveries.” From a combination of this Constitutional grant and other state laws, four general categories of Intellectual Property rights have developed: patents, copyrights, trademarks, and trade secrets. This chapter will discuss each of these areas and will conclude by identifying certain Intellectual Property-based impediments to innovation and by discussing strategic responses to those challenges. Patents Patent law protects inventive activity in a wide range of tech-nological fields and is most closely associated with scientific and technological innovation.
- Carl Roper(Author)
- 2013(Publication Date)
- CRC Press(Publisher)
183 14 Intellectual Property Rights Patents, Copyrights, and Trade Secrets An individual has certain Intellectual Property rights (IPR) that derive from a patent, copyright, or trade secret. Such individual may wholly own them and do with such rights as they please, and many do, via licensing them to various manufacturers and companies to produce and sell the prod-ucts, allowing a royalty type of revenue to accrue to the initial owner. Inventions and their impend-ing patents, copyrights on books, records and CDs, and trade secrets of a company are items in need of protection. Protection through the law can be misunderstood, but is necessary to establish an owner’s legal rights to the product, no matter what that product may be. This chapter is concerned with the various laws and what they say. Where appropriate, the reader will be directed to further information that cannot be included here due to its data size and level of detail. In the publication International Crime Threat Assessment , the White House outlined succinctly, the threat and impact of patent information, breach of copyright and IPRs: Most Intellectual Property rights (IPR) affecting US businesses involve the theft of trade secrets and copyright, trademark, and patent violations. Criminal violations of Intellectual Property rights— particularly the sale of counterfeit or illegally manufactured products—distort international trade, undermine the legitimate marketplace, and cause extensive revenue losses to legitimate U.S. industries. The explosion of digitization and the Internet have further enabled IPR violators to easily copy and illegally distribute trade secrets, trademarks, and logos.
- Wim Helwegen, Luca Escoffier, Wim Helwegen, Luca Escoffier(Authors)
- 2012(Publication Date)
- Jenny Stanford Publishing(Publisher)
This kind of Intellectual Property right is also commonly referred to as “petty patent” or “small patent.” 2.2.1 Utility Models If a product has a lesser inventive character, a utility model can be a good method of obtaining protection. Utility model 42 Overview of Intellectual Property Rights applications are generally not examined as thoroughly as patents and the requirements are usually lower, especially the inventiveness requirement. A utility model provides a shorter period of protection than the usual 20 years granted to ordinary patents. For instance, German utility models are valid for 10 years [6]. As to the possibility of protecting nanotech-related inventions through utility models, this could, for example, be useful in instances where the “minor” invention involves the employment of nanotech-related materials instead of a known traditional material. If the invention meets the less stringent requirements of a utility model and not those of a patent, the inventor will be able to protect the claimed invention through this residual kind of IP protection. 2.2.2 Copyright Copyright can be used to protect the expression of an idea. Such expression can be a production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression, such as books, pamphlets and other writings; lectures, addresses, sermons and other works of the same nature; dramatic or dramatico-musical works; choreographic works and entertainments in dumb show; musical compositions with or without words; cinematographic works to which are assimilated works expressed by a process analogous to cinematography; works of drawing, painting, architecture, sculpture, engraving and lithography; photographic works to which are assimilated works expressed by a process analogous to photography; works of applied art; illustrations, maps, plans, sketches and three-dimensional works relative to geography, topography, architecture or science.
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