Explaining Intellectual Property
| Category: Business Development | Date: 2003-10-01 |
Are you confused when people talk about patents, trademarks, industrial designs, confidential information, copyright and integrated circuit topography protection?
These terms are the six components of intellectual property laws -- the laws that protect the intangible or intellectual nature of an object, as opposed to the objects physical self.
Youve heard it said that if you build a better mousetrap, the world will beat a path to your door. Lets say I have created a new robotic mousetrap complete with remote control and various designer features. I have named it the Mouse BeGone! Before I start manufacturing, I will need to protect my invention through intellectual property registrations.
Trade Marks
I will protect my name, Mouse BeGone! under trade mark law to ensure that another party cannot use the name. Trademark law protects words, symbols, pictures, or logos that are used to indicate that a product is mine. Although trademarks are established by common law -- i.e. you establish your trademark simply by using it -- in the event of dispute, you will have a much stronger case if you have registered your trade mark with the appropriate body. Trademarks must be registered in each country where the mousetrap will be sold.
Patent
Since my mousetrap features a remote control that I have invented, I will protect my control by registering it under patent law. A patent is a document describing a physical invention. Patents prevent other people from making, using and selling that remote control for the period covered by the patent. The Patent Co-operation Treaty provides assistance in filing a patent with participating countries -- US, Japan, Canada and many European countries.
Industrial Design
The design -- the shape, appearance and decoration - of the mousetrap will be protected under Industrial Design laws. As the registered owner of the industrial design, I am entitled to produce, use, rent, sell or license a product that incorporates the design. Industrial design must be registered in each country in which the mousetrap will be sold.
Copyright
The user guide must be protected under copyright laws. Copyright laws protect books, music, art, films, sculpture, manuals, etc. Copyright law does not protect the idea behind my guide. It only protects the guide once it is written or in fixed state. Like trademarks, copyright is protected by common law, but registering with the appropriate body protects me in the event of dispute. In Canada, copyright extends to 50 years beyond the owners death.
Integrated Circuit Topography
Since my robotic mousetrap contains a microchip (integrated circuit) that I have developed, it needs Integrated Circuit Topography protection. Approximately twenty countries have established statutes to protect this type of intellectual property. By registering, I will protect against other people using my microchip in their products or of reproducing it.
Trade Secrets
One last thing. I have ideas for an even better mousetrap but I worry that my competitors will acquire this confidential information or my ""trade secrets." Ideas or concepts are not covered under intellectual property law but protection may be available under common law. I will ask my colleagues to sign a "Non-disclosure" agreement stipulating that the information is confidential. If a violation occurs, I will be able to turn to the courts to seek damage recovery.
And now -- Mouse BeGone! is ready to meet the public.
About the Author
June Campbell is a published writer whose work has appeared in magazines such as Entrepreneur International, Independent Business, Income Opportunities, American Iron and several others. Visit her business resource web site, nightcats.com, for articles, a free gift, to subscribe to her business ezine and more.
:To contact see details below.
www.nightcats
These terms are the six components of intellectual property laws -- the laws that protect the intangible or intellectual nature of an object, as opposed to the objects physical self.
Youve heard it said that if you build a better mousetrap, the world will beat a path to your door. Lets say I have created a new robotic mousetrap complete with remote control and various designer features. I have named it the Mouse BeGone! Before I start manufacturing, I will need to protect my invention through intellectual property registrations.
Trade Marks
I will protect my name, Mouse BeGone! under trade mark law to ensure that another party cannot use the name. Trademark law protects words, symbols, pictures, or logos that are used to indicate that a product is mine. Although trademarks are established by common law -- i.e. you establish your trademark simply by using it -- in the event of dispute, you will have a much stronger case if you have registered your trade mark with the appropriate body. Trademarks must be registered in each country where the mousetrap will be sold.
Patent
Since my mousetrap features a remote control that I have invented, I will protect my control by registering it under patent law. A patent is a document describing a physical invention. Patents prevent other people from making, using and selling that remote control for the period covered by the patent. The Patent Co-operation Treaty provides assistance in filing a patent with participating countries -- US, Japan, Canada and many European countries.
Industrial Design
The design -- the shape, appearance and decoration - of the mousetrap will be protected under Industrial Design laws. As the registered owner of the industrial design, I am entitled to produce, use, rent, sell or license a product that incorporates the design. Industrial design must be registered in each country in which the mousetrap will be sold.
Copyright
The user guide must be protected under copyright laws. Copyright laws protect books, music, art, films, sculpture, manuals, etc. Copyright law does not protect the idea behind my guide. It only protects the guide once it is written or in fixed state. Like trademarks, copyright is protected by common law, but registering with the appropriate body protects me in the event of dispute. In Canada, copyright extends to 50 years beyond the owners death.
Integrated Circuit Topography
Since my robotic mousetrap contains a microchip (integrated circuit) that I have developed, it needs Integrated Circuit Topography protection. Approximately twenty countries have established statutes to protect this type of intellectual property. By registering, I will protect against other people using my microchip in their products or of reproducing it.
Trade Secrets
One last thing. I have ideas for an even better mousetrap but I worry that my competitors will acquire this confidential information or my ""trade secrets." Ideas or concepts are not covered under intellectual property law but protection may be available under common law. I will ask my colleagues to sign a "Non-disclosure" agreement stipulating that the information is confidential. If a violation occurs, I will be able to turn to the courts to seek damage recovery.
And now -- Mouse BeGone! is ready to meet the public.
About the Author
June Campbell is a published writer whose work has appeared in magazines such as Entrepreneur International, Independent Business, Income Opportunities, American Iron and several others. Visit her business resource web site, nightcats.com, for articles, a free gift, to subscribe to her business ezine and more.
:To contact see details below.
www.nightcats
Copyright © 2005-2006 Powered by Custom PHP Programming