Sunday 23 October 2011

Intellectual Property Rights (IPR) ?


Definition of Intellectual Property:

Intellectual Property Rights is a 'blanket term' that refers to the ways in which original creations and the rights of their creators are protected. Some IPRs are automatic, however some have to be registered. The basic idea of IPRs is to ensure that a creation is not copied or reused without permission and to protect any renumeration of the creators. The ‘property’ itself may include things such as designs, trademarks, literature, films or inventions.  On the whole this ‘Property’ must be tangible. An exception to this is the planning and theory of an invention, and this can be protected as long as it has not yet been released into the public domain, and is then recorded in some way and fulfils the other criteria for Patenting.


There are 4 x distinct types of IPR and they cover the creator and creations in slightly different ways:


Patents:

Patents are assigned through applying to the UK Patent Office, and are issued to protect any inventions from being copied, reproduced or sold without the permission of the inventor. Patents are issued for a limited amount of time only and basically ensures that the inventor gets any initial monetary benefit that the invention may generate. The invention must be new, innovative and must be able to be used in any type of industry. General Patent length is set at 20 years in the UK.


Trademarks:

A trademark is defined as a sign which distinguishes one service or product from another. This sign may be in the form of a logo, words, colour schemes, or even slogans. Once a trademark has been registered, any infingements of the creator's rights will be liable for legal action. These infringements include any alterations, copying or any other misuse.


Designs:

A design is defined as 'features of shape, configuration, pattern or ornament applied to an article by an industrial process' and which have individual character. These designs can be protected by three legal rights within the UK. These are as follows:

1.Registered Designs: The right to take legal action against infringements, such as using or modifying all or part of the design. This kind of Design Right has to be applied for.
2.Unregistered Designs: This differs in that you do not have to apply for this and it only lasts for a limited period of time with a maximum of 15 years.
3.Copyright.


Copyright:

Copyright is also a type of IPR. It legislates the fair use and reproduction of original creations. Anything  that is printed, written or recorded, in any format is subject to copyright law from the moment it is created. Copyright law gives legal protection works such as:

•Books (fiction and non-fiction)
•Films
•Sound recordings
•Newspaper and journal articles
•Dramatic works
•Photographs
•Computer programmes

One of the most important functions of Copyright is to act as a safeguard to originality.

Summary:
There are Registered and Unregistered Rights in IPR.

•Registered = Patents, Registered Designs, Trade marks
•Unregistered Rights= Copyright, Design Right, Performance Right.

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