Intellectual Property refers to creations of the mind, such as inventions; library and artistic works; designs; and symbols, names and images used in commerce. It is any product of the human intellect that the law protects from unauthorized use by others. It is comprised of four categories: patent, copyright, trademark, and trade secrets. Patent gives the inventor the right to exclude others from making, using, importing, and selling the patented innovation for a certain amount of time. A patent can be granted the inventor if they file an application in a timely manner. Most inventors seek a patent to obtain the actual or potential commercial advantages that go along with the right to exclude others. Copyright protection gives the right to reproduce, distribute, perform, display, and license things such as music, motion pictures, writings, architecture, and other original intellectual expressions. Trademarks are words, phrases, names, slogans, logos, and symbols used by producers to identify their goods and services. As for trade secrets, to determine whether information creates a trade secret, there are six factors that need to be considered: The extent to which the information is known outside the claimant’s business, the extent to which it is known by employees and other involved in the business, the extent of measures taken by the claimant to guard the secrecy of the information, the value of the information to the business and its competitors, the amount of effort or
Diane Marie (Dalton) Schofield was born Nov 1, 1953. Her parents were Kenny and Marie Dalton, brothers Kenny Valdez, Bob and Marty, and sister Twyla (Dalton) Johnson.Diane went to Woodside jr high and Linoln highschool, she grew up on the north side moving to the south side Des Moines, Iowa in 1969. Diane attended Southtown Pentecostal church.Diane married Kenneth Lee Schofield at age 15 and divorced at 16.They had a daughter named Shawna.Kenneth Lee Schofield passed away 4 years after Dianes death.Diane was found July 10,1975, in the trunk of her car at Warrens Steak House by a witness that cleans the parking lot.(The Des Moines airport stored their rental cars in this parking lot, Southwest 20th and Porter)The witness called authorities when
Protection of intellectual property are investments based on acquired knowledge, thought and effort by one or multiple individuals on behalf of themselves, the business they work for when the property is created, and a financial investment. Each of these – acquired knowledge, thought, physical effort, financial investment – have a value that can be attached as it relates the usefulness or importance of the resulting product. That value will have a level of importance to the individual(s) creating the product and if applicable, the investor providing the funds in support of the creation.
Intellectual property protects legal rights and ownership in the market place through ‘intellectual property rights’. This can include trademarks, copyright, industrial design and patens. These protect brand names, designs and inventions.
According to Chernoff, Vilhauer, McClung & Stenzel, the following table outlines the three major differences between patents and trade secrets:
A product design may qualify for a design right while at the same tie enjoy protection under other intellectual property rights such as trademark law. An example is that a design might be registered if it has individual character and it new and can also be registered as a trademark if the object is distinctive. This overlap implies that there are some features that are similar in in the
In the past, there have been many disagreements in the trademark standpoint. Examples of this would include the Slants, a Portland-based Asian-American dance band, as well as the Washington Redskins. Throughout the years, there have been many individuals that have stood for Trademark office to rule against the Washington football team and withhold a Federal trademark for their offensive moniker. Although the term “Redskin” is offensive to many individuals, the 1st amendment as well as role of the trademark office should have allowed them to keep their name and trademark.
What aspects make up intellectual property? How is it protected? According to Leslie Ellen Harris, it is important to shed light on just what copyright is. She writes, “Section 102 of the U.S. Copyright Act states the following: In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work (Harris 39).” Understanding the limitations and exceptions within the field of copyright aids in
Copyrights are more limited in scope than patents. They protect the original works of authorship, not the ideas they contain. In the United States, original works include literary, drama, musical, artistic, and certain other intellectual works. A computer program, for example, is considered a literary work and is protected by copyright. A copyright gives its owner the exclusive right to reproduce and distribute the material or perform or display it publicly. However, copyright law does permit limited reproduction of copyrighted works without the owner 's permission for “fair use” such as criticism, teaching, and news reporting. In the United States, a published work must have a copyright notice, the name
Establishing a strong brand is critical to business success. Protecting a brand is equally as important. According to Law for Recreation & Sport Managers, they discuss on what exactly is a trademark and is recognized as ”any word, name, symbol, or device, or any combination thereof, adopted or used by some entity to identify their goods and distinguish them from those manufactured or sold by others” (Cotten & Wolohan, 2017). The purpose of a trademark is to protect the owner and to prevent others from using the mark in a way that will cause confusion. In this case, The University of New York (UNY) has filed for federal trademark registration their name and logo, however, the New York Yankees and New York University (NYU) filed an objection on their own expressing that UNY infringed on the Yankees logo and also infringed on the name of New York University as well.
Recently, Congress and the courts in the United States have been active in reining in what many have seen as patent system that has run amuck. In the process, they have placed a number of limits on patent holders’ ability to effectively and successfully enforce patents. But as opportunities to enforce intellectual property through patent suits have been narrowed, another IP door appears to be opening.
The main differences between the copyright,patent,and trademark law is that according to civil code (980) states that: the author of an original work has total ownership of the created object or record.” this law clearly states that the owner of an original work has total ownership and so no one else can claim the record unless he/she buys it directly from the creator of the song or album,so this applies to copyright because the original owner of a record or any other work for that matter has a protection by the Federal bureau of investigation (FBI) and the central intelligence agency (CIA),with this protection the owner of the work must convince the court that he created the copyrighted work which someone else stole,the federal government
Trademark: A trademark is unique emblem to any other symbol that distinguishes a specific product or produce. Since a trademarks is unique and specific to a product, service, or company; it can be used to exclusively identify that product, service or company. Legally, a trademark can be used to differentiate a product as well as recognise ownership of a particular brand. It means the person owning the trademark owns the product and can defend the ownership to the highest extent of the law. In most countries, there are agencies mandated to offer guidance to companies interested in trademarking their products. The role played by these agencies is important in aiding companies to protect their product both legally and in the market place from counterfeiters by enforcing patent laws. Counterfeiters imitate and sell other company products without proper authorization. Locally, the enforcement of patent laws protects companies and individuals from copyright infringements on their products and services. Internationally, the enforcement of patent laws is on a case-to-case basis since there is no established and universally accepted patent office that has international jurisdiction
Patents are rights enforceable by law. It is the protection given to the inventors for their invention. Patents are granted for specific period. By patenting an invention, individual restricts the exploitation of his/her patent by others on a commercial level. Invention must be new idea or solution and useful. It may be the development of new device, substance method or process. Thus, patent can be product patent or process patent. Process patent protects the patentee also against the goods if imported using that patented invention. Invention must be differentiated from discovery. However , patentable invention can be one discovered if it explains how it can be successfully employed in
What is intellectual property? Intellectual property or IP for short is creations of the mind, such as; inventions, literary and artistic works, designs and symbols, names and images used in commerce. Among these IP also includes trade secrets, patents, copyrights, and trademarks. IP and its protection are detrimental to the success of the economy. IPs are the innovations that drive the market forward and they are what created eras like the renaissance and the industrial revolutions. But nowadays it is a lot easier to steal one 's idea and pass it on as your own. There lays a major problem that the United State and many countries around the world face. Over $300 billion have been lost due to the theft of IPs from the U.S. per year.
Description of cultural attitudes towards and presumption about whether a person can own words and knowledge. Indicate if modern trends such as globalization and easy access to information affected these and give consideration as to whether are also applicable in an organization. Also indicate if the presumptions hold true in ones career as an employee of the organization and how may this essay be relevant to ones work.