Intellectual Property Rights Types
Intellectual property rights (IPR) are the legal privileges granted to the
inventor or creator to safeguard their intellectual work (in the arts,
sciences, literature, etc.) for a specific period of time. These legal rights
grant the inventor or creator, or his assignee, the sole right to fully exploit
their invention or creation for a specific amount of time. These Intellectual
property rights are outlined in Article 27 of the Universal
Declaration of Human Rights, which grants the right to gain protection
for one's material and moral interests as a result of the authorship of
works of science, literature, or the arts.
The significant body that oversees the global protection of IPRs is the
World Intellectual Property Organisation (WIPO). It oversees the first
international treaties to acknowledge the significance of intellectual
property, which were the Paris Convention for the Protection of Industrial
Property (1883) and the Berne Convention for the Protection of Literary
and Artistic Works (1886).
Intellectual Property Rights Objectives
The term "intellectual property" (IP) refers to any original work of the
human mind, including those in the arts, sciences, literature, technology,
or other fields. Intellectual property rights are granted by considering the
following objectives:
Allowing people to profit financially or gain popularity from their
inventions and creations
to promote an environment where creativity and innovation can
thrive by striking a balance between the interests of innovators and
the larger public interest
To protect traditional knowledge
Intellectual Property Rights Types
Traditionally, the two main categories of intellectual property rights are
copyright and rights associated with copyright and industrial property.
Industrial property includes trademarks, geographical indications,
industrial designs, and trade secrets.
Patent in Intellectual Property Rights
When an invention satisfies the requirements of general novelty, non-
obviousness, and industrial or commercial application, a patent is granted.
Products as well as processes are eligible for patent protection.
A patent gives the owner the authority to decide whether or how
others may use an invention.
In exchange for this privilege, the holder of the patent publishes
technical details about the invention in the patent document for
public consumption.
Copyrights
The legal term "copyright" is defined as the ownership rights of authors
and artists over their creative works.
The works protected by copyright can include computer programs,
databases, advertisements, maps, and technical drawings, in
addition to books, music, paintings, sculptures, and films.
Copyright protects the author's rights to literary and artistic works
for at least 50 years after the owner's death.
The rights of performers (such as actors, singers, and musicians),
phonogram producers, and broadcasting organisations are all
safeguarded by copyright and related rights.
Trademarks
A trademark can be defined as a symbol that can be used to separate the
products or services of one company from those of another company.
Trademarks have existed since the earliest days when artisans
would sign or "mark" their creations.
Industrial Designs
Industrial design represents the decorative or aesthetic component of an
object. The designs can include two-dimensional elements like patterns,
lines, or colours and three-dimensional elements like the shape or surface
of an object.
Geographical Indications
Geographical indications and appellations of origin are labels applied to
products that have a particular geographical origin and that have
qualities, a reputation, or other characteristics that can primarily be linked
to that location of origin.
The name of the location where the goods were made is most
frequently included in a geographical indication.
Trade Secrets
Trade secrets are intellectual property rights on private information (about
a product, like Pepsi) that can be licensed or sold.
It is considered an unfair practice and a breach of trade secret
protection when others obtain, use, or disclose such secret
information without authorization in a way that is inconsistent with
honest commercial practices.
International Bodies/Conventions on Intellectual Property Rights
To safeguard intellectual property rights, the international community has
come up with various conventions and established bodies, as listed below.
Explain how to protect the
intellectual property created by
designer??
Steps to Take to Protect Intellectual Property
In most countries, as soon as you create something, it is considered
copyrighted. However, when it comes to business symbols, color
combinations and taglines, your rights are a bit hazy.
Filing the appropriate paperwork with your government agency can ensure
you take the right steps to protect your intellectual property and can seek
financial remedies if someone uses your work or ideas without your
permission. It can also protect your brand image. Keep your IP safe by
following these steps:
1. Research Your Design
So much of art comes from things people have seen and experienced. It is
easy to subconsciously reuse a concept without meaning to. Before
creating a design or choosing a color palette, research if it’s in use
elsewhere, particularly in the same industry.
One example might be a new sugar-free cola beverage. The designer
thinks a silver can might be striking and adds red because it’s thought to
make people hungry or signal passion. Unfortunately, the look and design
is very similar to Coca-Cola’s for their Diet Coke line.
Not only is the idea one that conflicts with another player in the industry,
but the company may well get sued as Coca-Cola is established and has
trademarks and copyrights on their concepts.
Take the time to make sure your idea is truly unique. Whether it is a
business name, color palette for the brand or a logo, you want something
that stands out and is relevant for the company.
2. Keep Records of Your Work
Maintain a record of your work on whatever you wish to protect. From the
moment you come up with the initial concept sketch and through all the
edits and input, you’ll want a record of each step of the process.
Why do you need to keep a record of your design from beginning to end?
Imagine you have a team of designers working for a client. Everyone adds
input and you are almost to the end of the design process when one of
your staff jumps ship and takes the design idea to a competitor.
Perhaps you realize later after the client’s site goes live. You now have to
defend your right to use your own design. Thankfully, you recorded
everything and kept it, so you have proof the idea came from your agency
and your client approved it first.
3. File Paperwork
Protect designs by filing an application through your national or regional
intellectual property office. While the United States Patent and Trademark
Office or the Library of Congress for copyrights works for those residing in
the U.S., where you file can vary by country.
IP paperwork can be quite complex. You may want to hire an attorney
specializing in IP law to ensure everything gets filled in correctly and
approved in a timely manner. Things such as trademarks must be
renewed every so often, as well, so keep an eye on deadlines and notices
from the entity you filed the application through.
4. Keep Secrets Quiet
One way to protect your designs is being cautious about who you share
information with. Anyone working on your staff should sign a non-
disclosure agreement so clients’ designs are kept confidential.
If you come up with a product design or something unique, limit who
knows the details to ensure the idea isn’t stolen or counterfeited before
your company can profit from the idea.
Train employees not to discuss ideas on social media or in online forums.
Some brands make the mistake of starting a Kickstarter without having
the appropriate protections in place to keep people from stealing their
ideas. A patent on an invention is one way to protect your IP.
5. Budget for the Costs
The fees associated with filing for protections can add up. If you hire a
lawyer, costs increase. According to the American Intellectual Property
Law Association’s (AIPLA) Report of the Economic Survey for 2023, the
average billing rate for patents is $447 per hour.
For smaller brands, the prohibitive cost of securing a patent for a product
design may leave them open to potential intellectual property theft.
Finding funding through investors and fundraising is preferable to leaving
your idea open to thieves, though.
6. Defend Your Rights
Once you’ve secured your intellectual property documentation, it’s up to
your brand to monitor for abuse and take action. One example might be a
company trademarking a unique name made up of the initials of their
founders’ first names. The company leadership files a trademark for the
name, so only they can use it.
The name soon became well-known in the industry. Unfortunately, an
unscrupulous competitor thinks they’ll use the same name and add the
word “best” to the beginning of the name. The company should send a
cease and desist letter to the smaller brand via their attorney.
Other ways to protect IP rights include filing complaints with the proper
entities showing how you own the trademark and taking legal action, such
as lawsuits. Disney is a company known for not tolerating anyone using
their name or trademarked properties without the proper permissions and
licensing.
If you fail to defend your intellectual property, you could set a precedent
where you allow others to use your designs without your permission. It
can make a legal case a bit more complicated to win.
2. Protect Your Ideas
Taking the steps to protect intellectual property safeguards your hard work
and keeps you competitive in your industry. Stay updated on the latest IP
laws, keep paperwork filed and work to protect your designs. No one else
should benefit from your mind’s labor. A few simple steps will ensure no
one uses your designs without your permission.
1What is design IP?
Design IP is the legal term for the exclusive rights that you have over your
original design, such as its appearance, shape, configuration, or pattern.
Design IP can cover both functional and aesthetic aspects of your design,
such as how it works, how it looks, or how it feels. Design IP can be a
valuable asset for your career, business, or reputation, as it can give you a
competitive edge, attract customers, or generate income.
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2How to register your design IP?
One of the most common and effective ways to protect your design IP is to
register it with the relevant authorities in your country or region.
Registration can grant you a legal certificate that proves your ownership
and authorship of your design, and allows you to enforce your rights
against infringers. Registration can also deter others from copying or
using your design without your consent, as they can face legal
consequences. However, registration can also have some drawbacks, such
as fees, time, or disclosure requirements.
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3How to use contracts and agreements?
Another way to protect your design IP is to use contracts and agreements
with the parties that you collaborate or share your design with, such as
clients, partners, suppliers, or employees. Contracts and agreements can
specify the terms and conditions of your design IP, such as who owns it,
who can use it, how to use it, and how to resolve disputes. Contracts and
agreements can also include clauses that protect your design IP from
disclosure, misuse, or transfer without your approval. However, contracts
and agreements can also have some limitations, such as enforceability,
interpretation, or negotiation.
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4How to use trademarks and logos?
A third way to protect your design IP is to use trademarks and logos that
identify your design as yours and distinguish it from others. Trademarks
and logos can be words, symbols, images, or combinations that represent
your design, its name, or its source. Trademarks and logos can help you
build your brand identity, reputation, and loyalty among your customers
and stakeholders. Trademarks and logos can also prevent others from
confusing or deceiving your customers with similar or counterfeit designs.
However, trademarks and logos can also have some challenges, such as
registration, maintenance, or infringement.
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5How to use patents and copyrights?
A fourth way to protect your design IP is to use patents and copyrights
that grant you exclusive rights to make, use, sell, or license your design or
its components. Patents and copyrights can cover the technical or artistic
aspects of your design, such as its invention, functionality, expression, or
code. Patents and copyrights can enable you to monetize your design IP,
incentivize your innovation, or reward your creativity. Patents and
copyrights can also stop others from reproducing or exploiting your design
or its parts without your authorization. However, patents and copyrights
can also have some difficulties, such as eligibility, application, or
enforcement.
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6How to use other strategies?
In addition to the strategies mentioned above, there are also other ways
you can protect your design IP, depending on your specific needs and
preferences. For instance, you can use non-disclosure agreements (NDAs)
to prevent unauthorized parties from revealing your design IP.
Additionally, you could use digital rights management (DRM) tools to
control access, distribution, or modification of your design IP online or
offline. Furthermore, watermarks, timestamps, or signatures can be used
to mark your design IP as yours and prove its originality or authenticity.
Moreover, open source or creative commons licenses can be utilized to
share your design IP with others under certain conditions or restrictions.
Finally, defensive publication or prior art can be employed to disclose your
design IP to the public and stop others from patenting it.
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7Here’s what else to consider
This is a space to share examples, stories, or insights that don’t fit into
any of the previous sections. What else would you like to ad
Explain the difference between the
trademarks , patent & copyright?
Definitions of Copyright, Trademark and Patent
Copyrights are registered by the U.S. Copyright Office at the Library of
Congress while the U.S. Patent and Trademark Office will grant patents
and register trademarks.
Here is a brief explanation of each type of intellectual property.
Trademark
A trademark can be a phrase, word or design that identifies your company
and its goods or services. A trademark can help distinguish you from your
competitors and prevent others from using your mark. There are state-
level and federal-level trademarks, each with its own registration process.
Patent
A patent is a granted property right to the creator(s) of a new, unique and
useful invention, discovery or process. Patents allow you to bar others
from making, using or selling your invention. There are three main types
of patents: utility, design and plant.
Copyright
A copyright protects original works of authorship including songs, books,
movies, articles and much more. The key is that the work must exist on a
physical or digital medium, such as paper, film or a digital file. A copyright
gives you the exclusive right to use a work in a variety of ways: you can
reproduce it, sell or distribute copies, display it, perform it, or create other
works based on your copyrighted [Link] are automatic upon
creation of the original work, but registration is recommended so that the
copyright claim is part of the public record.
Advantages of Obtaining Copyright
A copyright is granted the moment you create an original work in a
tangible or fixed form. It’s automatic. But unregistered works may be
difficult to prove in the case that someone else uses or steals your work.
And you can only file a copyright infringement lawsuit if your copyright is
registered. That’s why we recommend registering your work with the U.S.
Copyright Office to make your copyright claim public record.