|
|
|
 LawPedia®
Patents, Trademarks & Copyrights/
Powered
By ENCYC-LAW-PEDIA® Search Engine
The Legal Engine That Can®. 
 . 
LawPedia®
Guest
Speaker Columns - Follow
our Law Links™ to both the latest and past guest
speakers on special law topics and legal issues.
Including: Intellectual Property.
LawPedia®
INTELLECTUAL PROPERTY LAW GUIDE |
Intellectual Property: In law, intellectual
property (IP) is an umbrella term for various legal entitlements
which attach to certain types of information, ideas, or other
intangibles in their expressed form. The holder of this legal
entitlement is generally entitled to exercise various exclusive
rights in relation to the subject matter of the IP. The term intellectual
property reflects the idea that this subject matter is the product
of the mind or the intellect, and that IP rights may be protected
at law in the same way as any other form of property. |
Patent: A patent
is a set of exclusive rights granted by a state to a patentee
(the inventor or assignee) for a fixed period of time in exchange
for the regulated, public disclosure of certain details of a device,
method, process or composition of matter (substance) (known as
an invention) which is new, inventive, and useful or industrially
applicable. The
exclusive right granted to a patentee in most countries is the
right to prevent or exclude others from making, using, selling,
offering to sell or importing the claimed invention. The rights
given to the patentee do not include the right to make, use, or
sell the invention themselves. The patentee may have to comply
with other laws and regulations to make use of the claimed invention.
So, for example, a pharmaceutical company may obtain a patent
on a new drug but will be unable to market the drug without regulatory
approval, or an inventor may patent an improvement to a particular
type of laser, but be unable to make or sell the new design without
a license from the owner of an earlier broader patent covering
lasers of that type. The term "patent" originates from
the Latin word patere which means "to lay open" (i.e.
make available for public inspection) and the term letters patent,
which originally denoted royal decrees granting exclusive rights
to certain individuals or businesses. |
Trademark: A trademark,
trade mark, ™ or ® is a distinctive sign of some kind
which is used by an organization to uniquely identify itself and
its products and services to consumers, and to distinguish the
organization and its products or services from those of other
organizations. A trademark is a type of industrial property which
is distinct from other forms of intellectual property.
Conventionally,
a trademark comprises a name, word, phrase, logo, symbol, design,
image, or a combination of these elements. There is also a range
of non-conventional trademarks comprising marks which do not fall
into these standard categories. The term trademark is also used
informally to refer to any distinguishing attribute by which an
individual is readily identified, particularly the well known
characteristics of celebrities. The essential function of a trademark
is to exclusively identify the commercial source or origin of
products or services, such that a trademark, properly called,
indicates source or serves as a badge of origin. The use of a
trademark in this way is known as trademark use, and a trademark
owner seeks to enforce its rights or interests in a trademark
by preventing unauthorized trademark use. It
is important to note that trademark rights generally arise out
of the use and/or registration (see below) of a mark in connection
only with a specific type or range of products or services. Although
it may sometimes be possible to take legal action to prevent the
use of a mark in relation to products or services outside this
range, this does not mean that trademark law prevents the use
of that mark by the general public. A common word, phrase, or
other sign can only be removed from the public domain to the extent
that a trademark owner is able to maintain exclusive rights over
that sign in relation to certain products or services, assuming
there are no other trademark objections. |
Copyrights:
Copyright
is a set of exclusive rights regulating the use of a particular
expression of an idea or information. At its most general, it
is literally "the right to copy" an original creation.
In most cases, these rights are of limited duration. The symbol
for copyright is ©, and in some jurisdictions may alternatively
be written as either (c) or (C). Copyright
may subsist in a wide range of creative, intellectual, or artistic
forms or "works". These include poems, theses, plays,
and other literary works, movies, choreographic works (dances,
ballets, etc.), musical compositions, audio recordings, paintings,
drawings, sculptures, photographs, software, radio and television
broadcasts of live and other performances, and, in some jurisdictions,
industrial designs. Copyright is a type of intellectual property;
designs or industrial designs may be a separate or overlapping
form of intellectual property in some jurisdictions. Copyright
law covers only the particular form or manner in which ideas or
information have been manifested, the "form of material expression".
It is not designed or intended to cover the actual idea, concepts,
facts, styles, or techniques which may be embodied in or represented
by the copyright work. Copyright law provides scope for satirical
or interpretive works which themselves may be copyrighted.[citation
needed] For example, the copyright which subsists in relation
to a Mickey Mouse cartoon prohibits unauthorized parties from
distributing copies of the cartoon or creating derivative works
which copy or mimic Disney's particular anthropomorphic mouse,
but does not prohibit the creation of artistic works about anthropomorphic
mice in general, so long as they are sufficiently different to
not be imitative of the original. Other laws may impose legal
restrictions on reproduction or use where copyright does not -
such as trademarks and patents. Copyright laws are standardized
through international conventions such as the Berne Convention
in some countries and are required by international organizations
such as European Union or World Trade Organization from their
member states.
|
LawPedia® - The Law Encyclopedia™
Powered
By ENCYC-LAW-PEDIA® Search Engine.
 LawPedia®
-- with Encyc-Law-Pedia®
Search Engine
THE
LEGAL ENGINE THAT CAN®. --
LawPedia® -
the Law Encyclopedia - welcomes our many new visitors,
attorneys, law students, law firms, courts, law schools, law enforcement officials,
as well as LawPedia® members and sponsors. Please check back regularly for
our frequent law news links and ongoing
legal updates. We
are engaged in collecting, organizing and compiling the world's most comprehensive
Law related source of information for publication on the Internet.
Contributors & Subscrribers. Our Mission:
To create the complete and definitive source of Law information available anywhere.
Our goal is to be your source for all Law related information. Visitors access
and receive up-to-date information about Law and current legal developments
through our Barrister's Daily Legal Report
law news section. Our ENCYC-LAW-PEDIA®
search engine and Legal Research Index (LRsI)
guides you to all law related information, web sites, and other resources available
on the Internet. 
law - law
encyclopedia - en-cy-clo-pe-di-a
- en
Español - Français
-  -
- 
- 
- 
- 
- 
- 
-
Deutsch
- Italiano -
Nederlands -
Português
|
