Common
types of intellectual property rights include:
Ø Copyright
Ø Trademarks
Ø Patents
Ø Industrial design rights
Ø
Trade dress
Ø
Trade secrets
Ø Copyright:
A
copyright
gives the creator of an original work exclusive rights
to it, usually for a limited time. Copyright may apply to a wide range of
creative, intellectual, or artistic forms, or "works". Copyright does
not cover ideas and information themselves, only the form or manner in which
they are expressed. Exclusive privilege to authors to reproduce, distribute,
perform, or display their creative works.
Ø
Trademarks: A
trademark is a recognizable sign,
design
or expression
which identifies products
or services of a particular source from those of others.
Ø Patents:
A
patent
grants an inventor exclusive rights
to make, use, sell, and import an invention
for a limited period of time, in exchange for the public disclosure of the
invention. An invention is a solution to a specific technological problem,
which may be a product or a process.
Ø Industrial
design rights: An industrial
design right protects the
visual design of objects that are not purely utilitarian. An industrial design
consists of the creation of a shape, configuration or composition of pattern or
color, or combination of pattern and color in three-dimensional form containing
aesthetic value. An industrial design can be a two- or three-dimensional
pattern used to produce a product, industrial commodity or handicraft.
Ø Trade
dress: Trade dress
is a legal term of art that generally refers to characteristics of the visual
appearance of a product or its packaging (or even the design of a building)
that signify the source of the product to consumers.
Ø Trade
secrets: A trade secret
is a formula,
practice,
process,
design,
instrument,
pattern,
or compilation of information
which is not generally known or reasonably ascertainable, by which a business
can obtain an economic advantage over competitors or customers.
RIGHTS
RELATED TO COPYRIGHT
The rights of authors of literary and artistic works
(such as books and other writings, musical compositions, paintings, sculpture,
computer programs and films) are protected by copyright. Also, protection is
granted to related or neighboring rights like the rights of performers (e.g.
actors, singers and musicians), producers of phonograms (sound recordings) and
broadcasting organizations.
The purpose of related rights is to
protect the legal interests of certain persons and legal entities who
contribute to making works available to the public; or who produce subject
matter which, while not qualifying as works under the copyright systems of all
countries, contain sufficient creativity or technical and organizational skill
to justify recognition of a copyright-like property right. The law of related
rights deems that the productions which result from the activities of such
persons and entities merit legal protection in themselves, as they are related to the protection of
works of authorship under copyright. Some laws make clear, however, that the
exercise of related rights should leave intact, and in no way affect, the
protection of copyright.
Traditionally, related rights have
been granted to three categories of beneficiaries:
- Performers,
- Producers of phonograms and
- Broadcasting organizations.
The rights of performers are
recognized because their creative intervention is necessary to give life to,
for example, motion pictures or musical, dramatic and choreographic works; and
because they have a justifiable interest in legal protection of their
individual interpretations. The rights of producers of phonograms are
recognized because their creative, financial and organizational resources are
necessary to make sound recordings available to the public in the form of
commercial phonograms; and because of their legitimate interest in having the
legal resources to take action against unauthorized uses, be this the making
and distribution of unauthorized copies (piracy), or the unauthorized
broadcasting or communication to the public of their phonograms. Likewise, the
rights of broadcasting organizations are recognized because of their role in
making works available to the public, and in light of their justified interest
in controlling the transmission and retransmission of their broadcasts.