Designing a new product? Or have written a book or produced a musical album? This blog of Law Essay Help is discussing about the intellectual property protection. Your intellectual property can be used by others and exploited for the commercial gain, if your property has no protection. The experts have shared their advice with us; which is as follows:
In the UK, the intellectual property like if it is about a new technology, a computer game or a film script, it is protected against the unauthorized use, alteration or theft by trademarks, rights of design, copyright and the patents. While these discussed four categories of intellectual property protection may look like as similar to each other, but they serves different purpose.
- Copyright: protects the creative work like music, visual art, or literature from privacy and limitation
- Patent: it protects new inventions and technologies from the copycats in order to protect their originality
- Trademark: images and phrases are being protected by trademark
- Design Rights: the unique designs are protected by the design rights.
If you have find out the differences between the above discussed categories and forms of intellectual property protection, then you may have noticed a question: What happens to both creative and technological, or a unique design intellectual property that is also a trademark?
Not every invention and idea intellectual property falls into multiple categories, but some of them do. The first step towards the protection of your unique creative work or a new technology intellectual property is to meet and have a conversation with lawyer.
Copyright is the most popular form of intellectual property protection; it covers creative works like literature, music and visual arts. Whilst you may have heard that copyright needs to be ‘registered’, as soon as it created the art gains copyright and identified as the unique work of the original artist.
For an artist, to identify themself as the creator of their work whether it is a novel or a painting. They need to visually identify it using their name and its creation date. In the UK, this provides 70 years of protection against unauthorized use or imitation for the original artist or rights holder.
When the time period of copyright protection ends, works are to be entered in the public domain. You may have a look on films on public domain websites. In case of music it’s often just the score that enters the public domain – new performances of a piece of classical music, for instance: are still protected by copyright.
Protection against unauthorized use or imitation of designs and inventions is done through different processes. For instance: inventions are protected by patents. In order to protect an invention through patent it needs to be completely original and able to be created and implemented in an executable form.
This indicates that alteration of an existing technology can’t prepare using a patent. For usable technologies, patents are the only issue. For instance: a mathematical formula, can’t be patented because it’s a concept that can be used but cannot be created.
All inventions are not physical. Several patents have been awarded for unique ideas for software or any computer security; none of them were physical objects. Some of the visual identifiers like the Nike logo or the graphics of Mickey Mouse are not protected by the copyright but by the trademark law. Trademark is used by any of the visual design that is used to identify a brand, product or business is protected from imitation or for an unauthorized use.
Finally, Visual designs and schematics are protected by design rights, which allow designers to control the use of their creative designs. Designs for specific products such as the form factor of a device in general are not able to be patented. Several forms of intellectual property protection may be protecting several of consumer’s products. For example: an iPhone may be protected by all the four forms.