|
What's Intellectual Property?
Intellectual property refers to creations of the mind: inventions,
literary and artistic works, and symbols, names, images, and designs
used in commerce.
Intellectual property is divided into two categories: Industrial
property, which includes inventions (patents), trademarks,
industrial designs, and geographic indications of source; and
Copyright, which includes literary and artistic works such as
novels, poems and plays, films, musical works, artistic works such
as drawings, paintings, photographs and sculptures, and
architectural designs. Rights related to copyright include those of
performing artists in their performances, producers of phonograms in
their recordings, and those of broadcasters in their radio and
television programs.
What's a Patent?
A patent is an exclusive right granted
for an invention, which is a product or a process that provides, in
general, a new way of doing something, or offers a new technical
solution to a problem. In order to be patentable, the invention must
fulfill certain conditions. An invention must, in general, fulfill
the following conditions to be protected by a patent. It must be of
practical use; it must show an element of novelty, that is, some new
characteristic which is not known in the body of existing knowledge
in its technical field. This body of existing knowledge is called
"prior art". The invention must show an inventive step which could
not be deduced by a person with average knowledge of the technical
field. Finally, its subject matter must be accepted as "patentable"
under law. In many countries, scientific theories, mathematical
methods, plant or animal varieties, discoveries of natural
substances, commercial methods, or methods for medical treatment (as
opposed to medical products) are generally not patentable.
How is a Patent granted?
The first step in securing a patent is
the filing of a patent application. The patent application generally
contains the title of the invention, as well as an indication of its
technical field; it must include the background and a description of
the invention, in clear language and enough detail that an
individual with an average understanding of the field could use or
reproduce the invention. Such descriptions are usually accompanied
by visual materials such as drawings, plans, or diagrams to better
describe the invention. The application also contains various
"claims", that is, information which determines the extent of
protection granted by the patent.
What's a Trademark? A
trademark is a distinctive sign which identifies certain goods or
services as those produced or provided by a specific person or
enterprise. Its origin dates back to ancient times, when craftsmen
reproduced their signatures, or "marks" on their artistic or
utilitarian products. Over the years these marks evolved into
today's system of trademark registration and protection. The system
helps consumers identify and purchase a product or service because
its nature and quality, indicated by its unique trademark, meets
their needs.
How is a Trademark registered?
First, an application for registration
of a trademark must be filed with the appropriate national or
regional trademark office. The application must contain a clear
reproduction of the sign filed for registration, including any
colors, forms, or three-dimensional features. The application must
also contain a list of goods or services to which the sign would
apply. The sign must fulfill certain conditions in order to be
protected as a trademark or other type of mark. It must be
distinctive, so that consumers can distinguish it as identifying a
particular product, as well as from other trademarks identifying
other products. It must neither mislead nor deceive customers or
violate public order or morality.
Finally, the rights applied for cannot be the same as, or similar
to, rights already granted to another trademark owner. This may be
determined through search and examination by the national office, or
by the opposition of third parties who claim similar or identical
rights. |
