Entrepreneur Assistance - Protecting your IP Print E-mail

4. Protecting Your IP

Intellectual property (IP) is a legal field that refers to creations of the mind such as musical, literary, and artistic works; inventions; and symbols, names, images, and designs used in commerce, including copyrights, trademarks, patents, and related rights. Under intellectual property law, the holder of one these abstract "properties" has certain exclusive rights to the creative work, commercial symbol, or invention which is covered by it.

The laws of some governments have recognized forms of intellectual property for a few centuries, but other governments have done so only recently, and some scholars question the legitimacy and philosophical basis of such laws. Several international treaties since the late 19th century have standardized many aspects of the law, but the laws and enforcement still vary widely from one jurisdiction to another. Furthermore, the understanding and observance of intellectual property laws by individuals are also widely varied.Inventions (Patents) 

What is 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 (please see the answer to the question below "what kinds of inventions can be patented?").

What does a patent do? A patent provides protection for the invention to the owner of the patent. The protection is granted for a limited period, generally 20 years. What kind of Protection does a Patent offer?Patent protection means that the invention cannot be commercially made, used, distributed or sold without the patent owner's consent. These patent rights are usually enforced in a court, which, in most systems, holds the authority to stop patent infringement. Conversely, a court can also declare a patent invalid upon a successful challenge by a third party.

Trademarks

What is 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.

Further Information

Emerging Issues in Intellectual Property Intellectual property plays an important role in an increasingly broad range of areas, ranging from the Internet to health care to nearly all aspects of science and technology and literature and the arts. Understanding the role of intellectual property in these areas - many of them still emerging - often requires significant new research and study. In an effort to promote informed discussion of the intellectual property issues involved in these fields, WIPO regularly produces various explanatory publications on current issues of interest. A selection of the texts of these publications is available below.WIPO also occasionally commissions studies by various organizations or individuals on similar issues relating to intellectual property.

Publications:

Studies:

  • Profile of Small and Medium Scale entreprises (SME) in the SADC economies (available in Adobe PDF format)
  • The Caribbean Music Industry Database (CMID), 2000 (available in Adobe PDF format)
  • Best Practice Cases in the Music Industry and their Relevance for Government Policies in Developing Countries (available in Adobe PDF format)
  • The Music Industry in Trinidad and Tobago (available in Adobe PDF format) The Importance of Intellectual Property Rights in the International Spread of Private Sector Agricultural Biotechnology (available in Adobe PDF format)
  • International Patent System: An Empirical Analysis (available in Adobe PDF format)
  • Developing Countries Becoming A Global Player: Opportunities In The Music Industry (available in Adobe PDF format)
  • Music and the Jamaican Economy (available in Adobe PDF format)
  • Application of Intellectual Property Rights in Developing Countries: Implications for Public Policy and Agricultural Research Institutes (available in Adobe PDF format)
  • Museums and the Digital Future by the International Intellectual Property Institute (available in Adobe PDF format)
  • Patent Protection and Access to HIV/AIDS Pharmaceuticals in Sub-Saharan Africa by the International Intellectual Property Institute 
    (available in     Adobe PDF format)
  • Role of IPR in Biotechnology Transfer - Corporate Views  (available in Adobe PDF format)
  • The Effects of TRIPS-Mandated Intellectual Property Rights on Economic Activities in Developing Countries (available in Adobe PDF format)
  • Parallel Imports in Pharmaceuticals: Implications for Competition and Prices in Developing Countries (available in Adobe PDF format)

Web Resources

OCTANe Partner Resources

Whitepapers from Knobbe Martens Olson & Bear

 
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