Intellectual property is a general, legal-technical term for certain creations the human mind and the commercial symbols that represent the superstitious good.
1. The term intellectual property
The term “intellectual property” in wider use has begun to enter just since seventies of the last century, since the entry into force of the Convention the establishment of the World Intellectual Property Organization. In Article 2 VIII) and the conventions give the definition of intellectual property:
“The term” intellectual property “means rights relating to:
– literary, artistic and scientific work,
– interpretations of artists and interpreters and performers of performers, phonograms and radio shows,
– finds in all areas of human activity,
– scientific discoveries,
– industrial patterns and models,
– factory, trade and service marks, as well as trade names and trade names,
– protection from non – friendly games and all other rights related to intellectual activity in industrial, scientific, literary and artistic fields. ”
Intellectual property is a general, legal-technical term for certain creations the human mind and the commercial symbols that represent the superstitious good. This intangible goods can enjoy protection on the basis of different levels of exclusivity rights that are similar to property, which allows commercialization and exploitation of these goods on the market. For example, in a hand watch the essence of quality, technological, the functional content is based on the invention, the visual appearance of the clock, the decorative quality on industrial design, and its commercial symbol as a trademark, as a sign of distinction, determines its market quality. In legal theory, it is commonly understood that the rights of intellectual property part of two large groups: copyright and rights related to copyright, from one parties, and industrial property rights on the other. Further, the industrial property rights are usually part of the so-called. invention law (patents, useful models, topographies integrated circuits, new plant varieties, know-how), so-called. the right of distinction (trademarks, names of origin and geographical indications, industrial design, business name) and the so-called. the law of competition (the suppression of unfair competition). Most mind creatures, such as finds, useful models, topographies integrated circuits, plant varieties, know-how as a practical application of ideas (knowledge, information) play an important role in creating a new, essential essence of goods, determined by their technological (functional, utilitarian) characteristics. Other intellectual creations, such as industrial design and works of applied art, serve as a basis for upgrading the formal quality of a particular product
through his new visual, aesthetic appearance. Commercial symbols such as trademarks, business names or geographic marks origin (names of origin and geographical indications) are used to develop market and marketing quality of goods and services by mutually differentiating or differentiating them a company or a geographical region from which they are encouraged, or where they encourage them reputation, goodwill or trade value.
2. The Role of Protection of Intellectual Property
Spiritual creations protected by intellectual property, as goodwill goods they may have, for commercial purposes, two types of marketing habits value:
– they may be incorporated into useful products (eg car, aircraft, camera, Lek, etc);
– they may be incorporated into the telesimal medium of expression (e.g., by way of description, drawing, film, CD-ROM).
Commercial symbols can also be placed on useful items and on the media expression. As a result of the whimsical nature of intellectual values, they do not exist natural limitations or time and space constraints, exploiting them overextended, simultaneously or successively by multiple faces anywhere in the world. And while on the one hand the creation and exploitation of intellectual values as rebellious things require a considerably increased investment cost, time, significant effort and risk during the development and production research phase, on the other hand, that is relatively easy and easy to imitate. If imitation is not prevented, the creator or the innovator of such intellectual values can not return to the appropriate profit its capital investment on the market and lose its economic motivation and means for further innovation. The aim of the protection is to create a market mechanism through the legal impediment to the free use of these obscene things by third parties for commercial purposes. Enabling return of investment with the appropriate In the market profit protection of intellectual property rights promotes:
– Progress in technology, economy, culture, diversification and upgrading the quality of products based on the creations of the human mind;
– Material and moral compensation to creators;
– Detecting mind creations with the aim of making them gradually available public for experimental purposes, and when protection and purpose expires registration;
– Technology transfer, mostly through licensing.
The aim of the protection that is given to commercial symbols is the development of the market through permitting that goods or services marked with a stamp differ in relation to their quality, and through their advertising to consumers. commercial symbols represent goodwill for goods and services that the trademark uses. Goodwill represents the value of a company that reflects its commercial reputation and market can be capitalized to higher profit.
Save 35%! The more you buy, the more you save with this Meds Biotech CBD & Turmeric Capsules special offer.
3. Intellectual property as a set of practical legal instruments
Intellectual property consists of various elements that can be combine to ensure efficient protection. Basic Specific Forms of Protection are provided:
– Through industrial property rights (patents for pronouns, useful models, industrial designs, trademarks, etc.) that relate to ingrained creations mind in a useful product, or placing a commercial symbol on a useful product, or a medium of expression;
– Through copyright that relates to ardor of art or useful creation of mind on the body of expression medium. Supplementary forms of protection – as a general species and the second line of defense in absentia specific protection – are foreseen on the basis of the law against unfair competition, in particular the provisions relating to the protection of undetected information through a business secrets, protection against the taking of unjustified advantages (eg, robbe imitation), or causing confusion in the market during the competition. Finally certain non-specific complementary forms of protection may be
based on the general principles and institutions of the legal system, particularly economic or civil (obligatory) rights, labor rights (relating to creations of employees, protection of business secrets, etc.) and administrative and criminal law (referring to forgery and piracy, etc.) Most commonly speaking, every country based on its legislative sovereignty and territorial principle has its laws on intellectual property and its own a national system of organizations that work in the area of intellectual property protection. National laws on intellectual property and practice differ from country to country countries, although some of the global minimum standards have been accepted and achieved degree of harmonization through international treaties, in particular the Paris Convention protection of industrial property, the Bern Convention on the Protection of Literary and Artistic Works, Agreement on Trade Aspects of Intellectual Property Rights (TRIPS Agreement), Maritime Law Contract and the Patent Law Treaty. Harmonization is constant progress. In addition, specific global and regional systems for filing applications
recognition of patents, trademarks, industrial designs and names of origin, enable acquisition of protection for certain intellectual property rights, in particular through the Contract Patent Cooperation (PCT), Madrid International Arrangement registration of trademarks, Hague International Registration and Registration Schedule models and samples and the Lisbon Arrangement for the Protection of Origin Names and theirs international registration.
4. Basic principles of protection of intellectual property the protection of intellectual property is based on a number of principles oriented to securing a desirable balance between private and public interests, exclusive rights and free competition. The basic principle in the market economy is the freedom of competition, from where it follows that the public domain rule is freely used, and intellectual property is an exception. Intellectual property as private law is only available under certain conditions, for the new, original, unseen or distinctive part of the intellectual creation, which overcomes the public domain and the intellectual property of others. The practical consequence of this situation is that it is a market right of free use information in the public domain and unprotected technical (functional, utilitarian) features in the field of publicly available generic products that are not eligible for protection, or for which protection has expired, is usually accepted and encouraged, provided that there is no probability of mistakes related to the source of the product, and that the appropriation can not be qualified as a full copy or a crimson imitation of the achievements it has distinctive characteristics. With respect to this, reversible engineering is commonplace practiced in the industry for publicly available, unprotected products from competitors, with with the aim of studying the technology that is ingrained in the word and possibly spelled out competitive product without breaking the rules against unfair competition. Another important principle is the restriction of the creation of mind and commercial creatures symbol. For example, intellectual property does not protect the idea as such, in absolute meaning, but only a specific term of that idea (through copyright) or practical
applying ideas (knowledge, information, useful product). On the other hand it is considered legitimate competitive behavior and encourages further development of patented Finding for a derivative new product or a process that is not being patented is already being produced the same or better results from the patented invention (so-called “finding or designing about”).
5. The Significance of Intellectual Property
The essence of intellectual property is not positive proprietary rights to mind creations. The essence is that it is one kind of preventive right which refers to certain market activities of other persons to prevent them unauthorized commercialization of the creation of the mind (“produce, use, sell”) without the consent of the owner of the right, within the framework of various limitations: time, territorial, exceptions to fair use (eg free use for teaching purposes) and public interest (e.g. antitrust rules, consumer protection). In addition, intellectual property does not the right to exploit the mind creation; this right regulates other rights related to regulation of the market. The protection of intellectual property is by its nature temporary and is directed at channeling intellectual creations into a public domain once the exclusive rights. This is the general, final and irreversible status of intellectual creation and commercial symbols that are not protected by a certain form of intellectual property. Things in the public the domain can not be appropriated for private purposes and is available to everyone for free
copy and use. One of the goals of the patent system is to put new technologies into public domain, through its informative function. For example, the recognition of a patent depends on discovery of finding, that is, the disclosure of the secrecy of invention. Posting a Find From the Patent Office makes it accessible to the public and allows others to understand finding, being inspired and using it for exploration or experimentation (depending on the applicable patent law) as a support for further development technology. Also once the patent expires, the public is not only allowed to do so but is also encouraged to use the find belonging to the public domain. Search patents provide a shorter protection period, but a stronger right to do so prevents unauthorized exploitation. Copyright gives a longer protection period forms of expression, but weaker only the right that only allows for prevention copying, while protecting the commercial symbols that represent the product identity under varying market conditions, can be extended without restriction. For superseding essential, formal and marketing quality products are available in the following ways:
– Development, protection, exploitation and implementation of own mind creations and
– Selling or buying intellectual property rights licenses from right holders or the establishment of joint ventures, or other forms of transfer technology;
– Finding or designing around protected intellectual creations using them as a basis for exempted improvements related to experiments based on domestic regulations (where applicable);
– Obtain technical information using reversible methods engineering from publicly available, unprotected products and creation improved or equivalent but different competing versions products, avoiding acts of confusion or crap imitation. Must be again
underline that, although reversible engineering is generally accepted as loyal competition and legitimate practice, you must always keep in mind that avoid violating intellectual property rights. As a rule, everyone unauthorized use or production of a patented find before the expiration the patent constitutes a violation of rights;
– Free use of information in the public domain. This is important is to respect the rights of the intellectual property of others by what will happen search the appropriate database and verify the status before the beginning of production of a product or the use of a commercial symbol, in order to avoid injury, forgery or piracy of intellectual rights third party property;
– Monitoring, searching and obtaining patent information for the purpose to link the resources mentioned above. Patent information as a source technical, legal and business information, is contained in more than 60 million patent documents, and this number increases each year by about 1 million. More than 70% of the most technical information is displayed only in patent documents. Patent information is published by of international patents offices in internationally standardized i classified form and more frequently in electronic form. So system patent information enables monitoring of technological development and competition. Proof of patent and trademark status, tracked and analyzed on on a daily basis is needed before the start of the research work as it is not he would spend the money. It can also play a catalytic role by giving inspiration and intellectual impulse to the inventors. In addition, you information can be useful for identifying potential partners for obtaining licenses, joint ventures or co-operation. Patent information is available mainly in patent information centers, national patent libraries, on paper, on CD-ROM and in many countries and the Internet.