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Importance of intellectual property
The importance of intellectual property
Implications of intellectual property rights
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What are the different types of IP Rights (Patents, Copyright and Registered Designs)? Intellectual Property (IP) is a legal concept that refers to the creations of the human minds for which exclusive rights are recognized. A variety of tangible assets are granted rights to the owners, artistes or innovators for a specified duration. IP is an intangible asset to a company as it gives commercial business partner and financial institutions the confidence to invest or in any way collaborate with the business. Business owners will also be able to maximize the value of their Intellectual Property by ways such as franchising, transaction or licensing. What is a patent? To prevent others from using, making, importing or selling the invention without his permission, a patent is the right granted to the invention's owner. A invention would be patentable if it is a product or a process that provides a problem a new technical solution. It can also be the composition of a new product, a new method of doing things, or even a technical improvement on how certain objects work. A patent's term is 20 years from the date of filing and is subjected to the payment of annual renewal fees once it is granted. Key Criteria for invention to be patentable New Owners of all inventions must be cautious and careful to keep the invention a secret until the application is successful. The novelty of the invention may be compromised if the idea has already been commercially exploited or advertised. A non-disclosure agreement must be drawn up if the invention needs to be disclosed to a third party. Invention will receive a 'Patent Pending' status once a Date of Filing has been obtained; applicant can disclose the invention to those parties that are interested.... ... middle of paper ... ... in, another article so that either one can perform its function. Benefits of registering a design Apart from obtaining a right to ownership and the right to prevent others from using your design without permission, you can also use it to license it to third parties for commercial returns, sell the design for a sum of money or to better protect your market share by barring copying by others. Intellectual property (IP) contributes a great deal to economies. Dozens of industries rely on the ample enforcement of their patents and copyrights, while consumers use it to ensure they are purchasing secure, guaranteed products. IP rights are worth to be protected both locally and overseas. Protection of IP is a non-partisan issue where these rights are embraced by all sectors of industry, consumer groups, labor organizations, and other trade associations we bring together.
(7) Hall B. Patents and Patent Policy -. 2007. The 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the Morse H. SETTLEMENT OF INTELLECTUAL PROPERTY DISPUTES IN THE PHARMACEUTICAL AND MEDICAL DEVICE INDUSTRIES: ANTITRUST RULES. Allison JR, Lemley MA, Moore KA, Trunkey RD. Valuable patents. Geol.
“Protecting your intellectual property is crucial to your business.” (Hinson, 2014) When business have intellectual property that is going to be popular or helpful in advancing there business, they have to take measures to ensure that the ideas or prototypes are protected from other that may steal the intellectual property. In the United States, many laws or safeguard steps have to be followed in order to preserve the intellectual property. A business owner has the right to protect the intellectual property, because the failure to do so could result in demise of the business itself.
According to our textbook, “Real property constitutes land and all things permanently attached to it (i.e. a house, a tree or coal below land). Intellectual property such as copyrights, patents and trademarks is personally owned but generally treated as a separate form of property by the law. Personal property is characterized by its portable nature; it can be carried from place to place (i.e. tangible personal property or intangible personal property)” (Roger, 2012).
US government introduced a new Act i.e. everyone who wants to invent a new product/project into market they has to register his/her own idea of developing a project.
Intellectual Property Law used to only protect art, music, and literature, but because of technological development, Intellectual Property Law now also protects a greater variety of innovations including designs, inventions, symbols, discoveries, and words. The phrase “intellectual property” was first known to be used in the late 1700’s; however, it was not widely talked about, nor was the Intellectual Property Law in actuality commonly implemented. Intellectual Property Rights slowly gained more attention by mid-1800’s after the Industrial Revolution had taken place: more companies were created, competition between corporations became fiercer, and owning unique innovations were crucial to winning the competition. However, as Intellectual Property
Assignment Question 1A. As defined in the text, Australian Intellectual Property Law, ‘a typical passing of situation is one which the defendant represents that its product originates from or is in some way associated with the plaintiff or plaintiff’s business when that is not the case.’ Passing off is a tort designed to prevent a trader from damaging another trader’s reputation or goodwill as a result of the defendant’s conduct. It may do this by the adoption or imitation of some business indicia of the plaintiff including; brand name or business name, signs that could easily be associated with the plaintiff’s product, and many other indicia under which a product is being sold. In determining whether the defendant’s (ALDI’s) packaging
Adam Mossof, a professor of Law at George Mason University, constructs three fundamental arguments surrounding intellectual property. The three arguments being first that all property at root is intellectual, second that the protection of intellectual property rights resulted in the Industrial Revolution, and finally that the patent system allowed the United States to surpass many countries in GDP. To form these arguments, he begins by defining the various types of intellectual property such as patents, copyright, trademark, and trade secrets. Mossof argues the development of these protections encouraged innovators, especially those seeking to profit from their inventions, to continue designing new apparatuses. Then he provides the legal, Roman
Thus, it is clear that utility patents are much more valuable than design patents. In certain cases, though, where looks rather than functional features are just as important in the market place (furniture being one example), they provide another useful tool to protect products. We will discuss mostly utility patents, keeping in mind that similar rules regarding the process of obtaining and enforcing a patent apply to design and plant patents as well.
Today almost every company owns intellectual property. It could be in form of photos, designs, technological methods, product components, logos, brand names, consumers’ profiles, etc. Usually it relates with unique and innovative creations of the mind (David Ho). The variety of intellectual property is broad and covers many things. Along with such common types of intellectual properties as patents, trademarks and copyrights there is another one, which is comparatively unusual and hardly determined – trade secret. Unfortunately, nowadays cases of intellectual property thefts are not rare. Although, most of developed countries have made great efforts to improve their intellectual property protection policy; however, sometimes it has no ample effect. As for emerging economies the problem of the intellectual property violation is even worse. The history of the related legislation in developing countries is very short; moreover, in some cases it is beneficial for such countries to sustain poor intellectual property legislation in order to steal this kind of property from developed countries with impunity. Such cases raise the problem of intellectual property (IP) violation to the political level. In this work we considered one of such cases that has occurred between Chinese and US companies and caused not only great losses for suffered from the theft US company, but also provoked some political disputes between these countries.
Because of its intangible nature, and particularly the increase of the digital domain and the internet as a whole, computers and cyber piracy make it easier for people to steal many forms of intellectual property. Due to this major threat, intellectual property rights owners’ should take every single measure to protect their rights. Unless these rights are either sold, exchanged, transferred, or appropriately licensed for use in exchange for a monetary fee, they should be protected at all cost. In order to protect these rights, the federal and states governments have passed numerous laws and statutes to protect intellectual property from misappropriation and infringement. “The source of federal copyright and patent law originates with the Copyright and Patent ...
There are many reason that why is it important to protect one’s intellectual property. Some of the reason are Creator being accused as a theft, Loss of Reputation, Loss of income, Loss of Asset and Loss of Authority Rights.
We have to remind legislators that intellectual property rights are a socially-conferred privilege rather than an inalienable right, that copying is not always evil (and in some cases is actually socially beneficial) and that there is a huge difference between wholesale piracy'the mass-production and sale of illegal copies of protected worksand the filesharing that most internet users go in for.
The World Intellectual Property Organization, Intellectual property is the ‘products of the mind: inventions, literary and artistic works, any symbols, names, images, and designs used in commerce’. Intellectual Properties such as Patents, designs, trademarks and copyrights are protected by laws. The US government offers different types of protection for these properties. The Lanham Act (15 U.S.C.A. Section 1051 et seq., also known as the Trademark Act of 1946, provides protection for trademarks. A trademark is defined as a name, word, symbol, or device or any combination thereof, adopted and used by a manufacturer or merchant to identify its goods and distinguish them from those manufactured and sold by others.
Discuss the potential uses that your chosen emerging technology could be put to within the industry.
Patents claims focus of the mechanism, principles and components surrounding those ideas. Patents are the strongest of the law to protect the intellectual property. Patent law is based on a very strict liability standard, making a business owner’s strongest option for intellectual property protection. Patents often make use of reverse engineering. Through reverse engineering, they see if patented inventions are in used by another company. Patents have an expiration date; the design patent protect design, shape, configuration and appearance of any invention for 14 years, and utility patents that protect functional makeover and new invention last for 20