what is intellectual property? course hero

by Dr. Teresa Konopelski DVM 3 min read

Intellectual property

Intellectual property

Intellectual property (IP) is a term referring to creations of the intellect for which a monopoly is assigned to designated owners by law.

refers to creations of the human mind, whether creative or intellectual, such as art and designs, literary works, music, and the names, symbols, and images used in business. The ownership of intellectual property is categorized into four groups: copyright, trademark, patent, and trade secrets.

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Why is it implement to protect intellectual property to safeguard it from Course Hero?

The main purpose of intellectual property laws is to protect the person who created the intellectual property from those who would use it for their own benefit without permission.

What is the study of intellectual property?

Intellectual property (IP) pertains to any original creation of the human intellect such as artistic, literary, technical, or scientific creation. Intellectual property rights (IPR) refers to the legal rights given to the inventor or creator to protect his invention or creation for a certain period of time.

What is intellectual property quizlet?

What is Intellectual Property? refers to "creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce." Types of IP.

Why is intellectual property a valuable asset for the owner?

It gives the owner of the property the opportunity to share their creations with limited competition and protects the company's competitive point of differentiation. Intellectual property rights can sometimes be an extremely valuable bargaining tool rights, and it can be sold for financial gain.

What is intellectual property and its importance?

IP ensures you are recognised as the creator of such things as an invention; literary and artistic works; designs and software. To protect these types of IP there are: registrable rights - IP Rights (IPRs) such as patents, trademarks and design rights; and. unregistered rights such as copyright.

Why is intellectual property important?

Strong and Enforced Intellectual Property Rights Protect Consumers and Families. Strong IP rights help consumers make an educated choice about the safety, reliability, and effectiveness of their purchases. Enforced IP rights ensure products are authentic, and of the high-quality that consumers recognize and expect.

What is example of intellectual property?

Utility patents: for tangible inventions, such as products, machines, devices, and composite materials, as well as new and useful processes. Design patents: the ornamental designs on manufactured products. Plant patents: new varieties of plants.

What are intellectual property rights *?

Intellectual property rights are the rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time.

What is an example of intellectual property quizlet?

Examples of intellectual property are books, songs, movies, paintings, inventions, chemical formulas, and computer programs.

Who owns intellectual property?

Generally, the creator of a work is deemed its owner. However, intellectual property ownership can be determined differently for different types of property and under varying circumstances. For example, if work is created for an employer, the employer is the owner of that intellectual property.

Why intellectual property is important for business?

Intellectual property helps in developing and maintaining company's long term revenue streams and increase shareholder's value. IP also helps companies to protect technology innovations and gain competitive advantage.

How important is intellectual property to the world economy?

Intellectual Property Creates and Supports High-Paying Jobs IP-intensive industries employ over 45 million Americans, and hundreds of millions of people worldwide. Jobs in IP-intensive industries are expected to grow faster over the next decade than the national average.

What are the 4 types of intellectual property?

Patents, trademarks, copyrights, and trade secrets are valuable assets of the company and understanding how they work and how they are created is critical to knowing how to protect them.

What are the 5 types of intellectual property?

5 common types of intellectual propertyCopyright. Copyright protects creative works like computer code, photographs, artwork, and text. ... Moral Rights. Moral rights are related to copyright. ... Trademarks. Trademarks offer protection for your branding. ... Patents. ... Trade Secrets. ... The sooner, the better.

What is intellectual property and example?

Examples of intellectual property include an author's copyright on a book or article, a distinctive logo design representing a soft drink company and its products, unique design elements of a web site, or a patent on a particular process to, for example, manufacture chewing gum.

Is IP a knowledge?

Knowledge emerges in network relationships between an enterprise and its surrounding organisations, and can be legally protected as intellectual property (IP).

What are the main categories of intellectual property rights?

Trademarks, Copyrights, Patents, and Trade Secrets. Trademarks, copyrights, patents, and trade secrets are the main categories of intellectual property rights and they work differently under the law. Bell explains how each intellectual property right works:

What is IP protection?

IP protects original works of the mind, such as literary and artistic works, inventions, designs, and company names.

What is the difference between USPTO and copyright?

The United States Patent and Trademark Office ("USPTO") grants patents and trademarks, while the United States Copyright Office ("Copyright Office") allows people to register works of art, literature, software code, etc., as copyrights. Trade secrets involve specific information for formulas or recipes, intentionally maintained as a secret ...

How to get a trademark?

Trademarks normally protect brands and the logos used on goods and services. For instance, the word "Coca-Cola" in its cursive script is a trademark. These are the steps to obtain a trademark: 1 File an application and select what types of goods and services you want to use for the trademark. 2 A trademark examiner reviews the application to determine if anyone has already registered the same or similar mark. If not, the trademark is published in a public register to allow anyone to object. 3 If there is no objection, the trademark is approved. 4 A trademark remains in effect for potentially unlimited consecutive 10-year periods as long as the owner meets the legal requirements for renewals.

What is the purpose of patents?

Patents protect novel ideas, processes, and inventions. After inventors file a patent application with the USPTO, an examiner reviews it and determines if the invention is patentable and has not been previously invented by another individual.

How long does copyright last?

A registered copyright normally lasts for the author's lifetime plus an additional 70 years.

How long does a trademark last?

If there is no objection, the trademark is approved. A trademark remains in effect for potentially unlimited consecutive 10-year periods as long as the owner meets the legal requirements for renewals.

Why is intellectual property important?

Providing exclusive rights to intellectual property gives individuals and entities incentive to invest in the development of ideas. Investment into research and development of patented inventions, as well as implementation and production, bolsters the U.S. economy to the tune of over $5 trillion, according to a 2013 U.S. Patent & Trademark Office report. This in turn creates employment opportunities for about 18 million Americans.

What are the four types of intellectual property?

The ownership of intellectual property is categorized into four groups: copyright, trademark, patent, and trade secrets . Ownership of such property provides exclusive rights, providing the owner protection against unauthorized use of their creative works. To explore this concept, consider the following intellectual property definition.

Why is it important to have a license?

Because a license assigns a limited right to use intellectual property for a specific purpose, it is vital that the exact nature of that purpose be set out in writing . The IP owner (“licensor”) should maintain ownership rights, specifying whether the “licensee” is allowed to reproduce, sell, or otherwise use the item, and whether that right may be assigned to another. Exactly what is allowed under the licensing agreement is up to the parties, but should be stated very specifically.

What are IP rights?

Additionally, intellectual property rights themselves are considered assets called “intangible property,” and are protected under the same laws. Other items protected by IP rights include:

How does an intellectual property owner make money?

While the owner of intellectual property may retain exclusive rights to use the item, whether for personal gratification or monetary gain, it is possible for the owner to make money by charging others a fee for using the creative work or invention through the issuance of a “license.” The use of a licensing agreement protects the IP owner’s proprietary rights while giving someone else permission to use the property for a set period of time, or for a specific activity or purpose.

What is an intangible asset?

Intangible Asset – An asset that has no physical substance, such as creative works, reputation, knowledge, copyrights, and patents. Real Property – Land and property attached or fixed directly to the land, including buildings and structures.

Why are IP laws important?

The original reasoning behind IP laws was that creators did not have sufficient incentive to produce and reveal their works unless they could be guaranteed the full social and monetary value. IP laws treat intellectual property ownership, in many ways, like ownership of real property.

What is Intellectual Property (IP)? (13:27)

Far too often, researchers are misinformed about the role and the possibilities arising around patents and Intellectual Property Rights (IPR). In this course we will teach you what IPR are - with a special focus on patents. Also this course will look at the importance of patents in the world of biotechnology - and what you actually can patent.

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An introduction to the important subjects within the field of patenting, such as novelty and “person skilled in the art”. By Federico De Masi

LEARNING OBJECTIVES

Explain why the creation and protection of intellectual property is so important to business.

General Resources: Chapters from Business Law Textbooks

Reading: Intellectual Property, Ch. 13 from Government Regulation and the Legal Environment of Business by Mayer.

What is Intellectual Property?

Video: Introduction to Intellectual Property: A Crash Course (10:09). In addition to introducing you to the types of intellectual property, the video also discusses the importance of IP law to protect innovation and the rights of creators.

Why do we protect intellectual property?

Reading: Importance of Obtaining a Trademark for Business Introduces the function of trademarks, how a mark qualifies or is eligible for trademark protection, and the extent of that protection.

Using Contracts to protect intellectual property

Reading: How to Use a Contract to Protect Your Invention.

Patents

Video: Patent Law Overview (12:20) Professor Ida Jones explains patent law and provides simple, introductory examples to explain concepts as she goes over them.

Trademarks

Infographic: Classification of Trademarks. This infographic defines fanciful, arbitrary, suggestive, and descriptive trademarks, as well as those that are considered generic, and thus not protected as a trademark.

Why is intellectual property important in the global economy?

Intellectual property law is crucial to this process, protecting ideas and encouraging innovation.

What is the purpose of entrepreneurial course?

In this course, students will learn to identify, assess, and implement new business opportunities within established organizations to drive and maintain competitive advantage. After completing this course, students will not only be able to formulate business models and develop processes to maximize entrepreneurial abilities, but also increase the overall entrepreneurial spirit of their organizations.

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Intellectual Property Laws

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Intellectual property lawsare created to obtain, protect, and enforce IP rights. "Most IP laws come from the U.S. Constitution and relate to patents, trademarks, copyrights, and trade secrets," says Kevin Bell, a Washington D.C. intellectual property lawyer. The United States Patent and Trademark Office ("USPTO") grant…
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Trademarks, Copyrights, Patents, and Trade Secrets

  • Trademarks, copyrights, patents, and trade secrets are the main categories of intellectual property rights and they work differently under the law. Bell explains how each intellectual property right works:
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Protecting People and Encouraging Innovation

  • If you invented a novel product like an air fryer or if you come up with a catchy slogan, then you should receive credit for your idea. Intellectual property law mandates "others cannot use IP without the owner's permission," says Bell. IP laws protect people and companies from others stealing their intellectual property and impacting their financial interests. But ultimately, Bell say…
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Definition of Intellectual Property

  1. noun.Property resulting from original creative thought, such as art, literature, and music.
  2. noun.  An intangible asset, such as a copyright, trademark, or patent.
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What Is Intellectual Property

  • The legal term “intellectual property” (“IP”) refers to the broad spectrum of things created by the human imagination and intellect. Not only are such things as art and literature protected by IP laws, but such items as industrial design, trade dress, inventions, and trade secrets. Additionally, intellectual property rights themselves are considere...
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Objectives of Intellectual Property Laws

  • The purpose and objective of intellectual property laws is to encourage progress by providing limited exclusive rights to creative works and inventions. Such protection encourages authors, artists, and inventors to reveal their works to the public, allowing the works to benefit society. The original reasoning behind IP laws was that creators did not have sufficient incentive to produce …
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Financial Impact of Intellectual Property Laws

  • Providing exclusive rights to intellectual property gives individuals and entities incentive to invest in the development of ideas. Investment into research and development of patented inventions, as well as implementation and production, bolsters the U.S. economy to the tune of over $5 trillion, according to a 2013 U.S. Patent & Trademark Office report. This in turn creates employment opp…
See more on legaldictionary.net

Intellectual Property Theft

  • Theft or violation of intellectual property rights, referred to as “infringement” regarding copyright, patents, and trademarks, and “misappropriation” regarding trade secrets, may be considered either a civil or criminal matter, depending on the circumstance. In 2011, the issue of counterfeit trademarked and copyrighted works alone accounted for as must as 7 percent of global trade, …
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Intellectual Property Licensing Agreements

  • While the owner of intellectual property may retain exclusive rights to use the item, whether for personal gratification or monetary gain, it is possible for the owner to make money by charging others a fee for using the creative work or invention through the issuance of a “license.” The use of a licensing agreement protects the IP owner’s proprietary rights while giving someone else pe…
See more on legaldictionary.net

Works For Hire

  • When an individual or entity hires an independent contractor, such as an artist, computer programmer, or inventor, to create something, the hiring party is considered to be the owner of the work, and is entitled to all rights under the item’s copyright, patent, or trademark. In order for this to be enforceable in a court of law, however, it is important that a written agreement be created t…
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Intellectual Property Dispute Over Bratz Dolls

  • The issue of intellectual property rights is so broad and complex that it results in a busy docket for the courts. One famous example is the dispute between Mattel and MGA Entertainment over Bratz Dolls.
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Related Legal Terms and Issues

  1. Assign– To designate or set something aside for a specified purpose. To transfer rights held by one party to another.
  2. Contractee– A person or entity that enters into a contract for the provision of goods or services by a contractor.
  3. Contractor– A person who contracts to provide goods or services to another for payment.
  1. Assign– To designate or set something aside for a specified purpose. To transfer rights held by one party to another.
  2. Contractee– A person or entity that enters into a contract for the provision of goods or services by a contractor.
  3. Contractor– A person who contracts to provide goods or services to another for payment.
  4. Indigenous People– A group of people with historical ties to a geographical region, who have cultural or historical distinctiveness from other populations.