Intellectual Property Overview

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Study Notes

Intellectual property is a legal term for creations of the mind, includes brand names, discoveries, inventions, software, and literary works.
Two categories of IP exist: Industrial property and Copyright.
Industrial property includes inventions, trademarks, industrial designs, service marks, commercial names, and geographical indications.
Copyright protects literary works, music, films, and artistic works.
Rights related to copyright include performing artists, producers of phonograms, and broadcasters.

Industrial property focuses on the protection of distinctive signs and geographical indications.
Distinctive signs differentiate goods or services, while geographical indications identify a product's geographical origin.

A trademark is a sign distinguishing one company's goods or services from another.
A trademark can be a word, combination of words, letters, drawings, symbols, shapes, sounds, fragrances, or color shades.
Trademark protection can be obtained through registration with national or regional trademark offices.
Trademark registration typically lasts for ten years and can be renewed indefinitely.

Geographical indications (GI) are signs used on products with a specific geographical origin, whose qualities are attributable to that place.
GIs identify a product's origin and rely on the qualities or reputation connected to that location.

Copyright protects literary works, films, music, and artistic works.
"Related rights" are rights related to copyright, granted to performing artists, phonogram producers, and broadcasters.

Businesses can defend their right to use, make, sell, or import intellectual property.
Companies can stop unauthorized parties from using, making, selling, or importing their intellectual property.
Businesses can earn royalties through licensing agreements.
Companies can exploit intellectual property through strategic alliances.
Businesses can make money by selling their intellectual property.

Confidential information that provides a business a competitive edge.
Trade secrets can be formulas, practices, designs, instruments, or compilation of information.
Trade secrets are not registered, so protection relies on secrecy.
Confidentiality agreements are essential for protecting trade secrets.

Protect distinguishable, uniform, and stable new plant varieties.
Grant owners exclusive rights to commercially use, sell, and profit from their new variety.

An efficient enforcement system is crucial for stimulating innovation and investment.
Enforcement aims to prevent infringement and protect intellectual property rights.
Infringement can be unintentional or intentional.
Unintentional infringement occurs without knowledge or awareness.
Intentional infringement is deliberate and involves knowledge of the infringement.
Cease and desist letters can address unintentional infringement.
Serious infringement cases, like counterfeiting and piracy, require legal action.
Alternative dispute resolution methods, like arbitration or mediation, can offer alternatives to court proceedings.