3)Passing off and trademark can / cannot protect a business reputation.
It is an important / unimportant feature or has / has no important bearing in businesses’ marketing efforts.(By Aloysius)
Trademark
Trademark is a sign, or a mark, that is used to give your own company or business your own identity. Hence, trademark is able to allow others to clearly distinguish your company from others which may have similar goods or shares. Trademark is also able to restrict others to use your company’s brand or mark. A trademark can be represented in the form of many different elements such as names, words, labels and signature et cetera. Trademarks may be unable to be registered due to the content of the mark such as it being offensive or immoral, or if it contains descriptive words, or if it is generally similar to well-known marks. In Singapore, registration of trademark is not compulsory. An unregistered trademark usually is represented with a ® while a registered trademark is usually represented with a ™ . If your trademark is registered, your company would be able to receive statutory monopoly for your mark, your company would be able to receive protection from the Government to avoid infringement or violation of your company. Furthermore, a registered trademark adds value to your business as you are able to protect your business, sell your shares to third parties and even increase the value of an ownership interest in your business to develop your business.
Once you have registered your trademark, your trademark would be valid for 10 years and have to be renewed to receive an indefinite protection of your mark. In the event of your mark being infringed or violated, you are able to seek damages or profits from the company who impose...
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...rty rights so that one would not have to take actions against infringers which is time consuming and expensive as well.
8)Conclusion(By Esmond)
Basically in conclusion, the purpose of intellectual property law motivate new technologies, artistic expressions and inventions while promoting economic growth. Firstly, when one tries to steal and misuse your work, their moral issue is at concern. Secondly, it is immorally wrong that one just copy and use your work for their own benefits. Thirdly, it is to protect business growth. Lastly, it important that you take action to protect the intellectual property which you have as it will be a waste of effort if your ideas get into the wrong hands. The result of this could be that it could led to you losing your whole assets entirely. Therefore, it is important to have your intellectual property material to be kept secured.
(i) Foster creativity and innovation, promote trade in goods and services that are the subject of intellectual property rights.
and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right
“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.
piracy issues over the Internet would cost record companies more money than what they are
Passing off is not confined to that resulting from the use of registered trade marks. While the TMA 1994 protects trade marks as property immediately upon registration, the law of passing off is said to protect as property the trade goodwill that develops in the market place. Although, passing off does not confer monopoly rights, passing off and trade mark law deal with overlapping factual situations, although, s 2(2) of the TMA 1994 s 2(2) maintains passing off as a separate cause of action. Passing off seeks to protect not the claimant’s sign as such but the claimant’s customer connection or "goodwill" built up around that sign or the claimant’s business. According to Alice Blythe, “Passing off seeks to protect business goodwill, which is the trading reputation of the economic undertaking proclaimed by the sign. The business goodwill proclaimed by the sign will be perceived by consumers in a very similar way to which Laddie J described for trademarks.” This a strong similarity to trade mark
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
Intellectual property abounds in our society, it is the direct result of the expression of an idea or other intangible material (Zuber, 2014). Our laws provide rights which are specific to the owner of the intellectual property. Furthermore, intellectual property is protected by laws just like tangible property is protected (Lau & Johnson, 2014). The most widely known forms of intellectual property rights include: trade secrets for confidential information, patents for a process/invention, copyrights for creative items and trademarks for brands (Lau & Johnson, 2014). While these rights may appear very defined, there are times when questions
People move away from their extended families, and traditions can fade, which is why it is important to have a trademark that easily identifies your ...
Intellectual property is property resulting from intellectual, creative processes. A product that was created because of someone’s individual thought process. Examples includes books, designs, music, art work, and computer files. (Miller R. J., 2011, p. 114) In the music industry a copyright is an important tool for artist to use to protect themselves from infringers. A copyright is the exclusive right of an author or originator of a literary or artistic production to publish, print, or sell that production for a statutory period of time. A copyright has the same monopolistic nature as a patent or trademark, but it differs in that it applies exclusively to works of art, literature, and other works of authorship (including computer programs). (Miller R. J., 2011, p. 125)
Such an argument would take a form in expansion of current exemptions in the use of copyright material, namely fair use in the United States (US) and fair dealing in the United Kingdom (UK) and Australia. They both deal with the protection of copyrighted material use in different ways. The recommendation by the Australian Law reform attempts to reconcile their differences by combining both, providing more exemptions. This essay will explore the importance of having exemptions to copyright, contrast both fair dealing and fair use defences and how both serves to protect expression. Additionally, the essay will explore how the recommendations will serve, are are necessary, to improve free speech rights to users in this current epoch.
Intellectual property (IP) is defined as property that is developed through an intellectual and creative processes. Intellectual property falls under the category of property known as intangible rights, which includes patents (inventions of processes, machines, manufactures, and compositions of matter), copyrights (original artistic and literary works of), trademarks (commercial symbols), and trade secrets ((product formulas, patterns, designs). Intellectual property rights has a significant value to both individuals and businesses, providing in the case of large companies, over one half of their value on return. Since intellectual property rights are so important to the U.S. economy and its citizens, federal and state law provides protection, for example, civil damages and criminal penalties to be assessed against infringers. Due to the importance of intellectual property to a business, I don’t think that its protection and enforcement is going to be a thing of the past.
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.
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.
Copyright is a protection for authors, composers or artists and other creators who create innovative idea base work. Copyright law is important because of its role to protect the interests of the creator, while allowing others to gain access to it legally. It designed to make sure that creators receive appropriate rights for their own ideas and creativity, and to promote artistic creativity by protecting the creator.
Intellectual property is information, original ideas and expressions of the persons mind that have profitable value and are protected under copyright, patent, service mark, trademark/trade secret regulation from replication, violation, and dilution. Intellectual property includes brand items, formulas, inventions, data, designs and the work of artists. It is one of the most tradable properties in the technology market.