What are Intellectual Property Rights?


What are Intellectual Property Rights?

According to the World Trade Organization, intellectual property rights are the rights given to a person over the creations of their minds. Usually, they give the creator exclusive rights over the use of their creation for a certain period of time. When discussing intellectual property rights, they are usually divided into two main areas: copyright/rights related to copyright and industrial property. Continue reading below to learn more.

What is Copyright?

When a person is an artist, musician, or inventor, they are a creator. When they create their work, they are often very protective of it and do not want anyone else to use what they made. It is because of this that they can secure protection through obtaining a copyright. The terms of copyright protection depends on the date of the publication. If the material was copyrighted on or before January 1, 1978, the work is protected from the day it is created until 70 years after the creator’s death. If it is anonymous, contracted, or created under another name, it is protected for 95 years after its publication or 120 years from its creation. 

What is Industrial Property?

Industrial property itself can also be divided into two main areas. This includes:

  • The protection of distinctive signs. In particular, this includes trademarks and geographical indications. A trademark is used to distinguish a good or service from another of its like. A geographical indication identifies a good as originating in a place where a given characteristic of the good is attributable to its geographical location. This protection allows for fair competition and informs consumers of their choices between goods and services. This protection may last indefinitely if the sign in question continues to be distinctive. 
  • Protection to stimulate innovation, design, and the creation of technology. This category includes inventions, industrial designs, and trade secrets. This provides protection for the results of investment in the development of new technology. This gives the incentive and means to finance research and development activities. The protection is usually given for a finite term. In the case of patents, this is generally 20 years.

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The Law Offices of Richard E. Novak, LLC has over 25 years of experience helping clients through tough times when they need it most. If you need assistance with any intellectual property, traffic violations, or business law matters, our firm is here to help. It is critical that you pick the right attorney who can protect your rights. Contact The Law Offices of Richard E. Novak, LLC for a consultation.