ArtsAutosBooksBusinessEducationEntertainmentFamilyFashionFoodGamesGenderHealthHolidaysHomeHubPagesPersonal FinancePetsPoliticsReligionSportsTechnologyTravel

Types of Intellectual Property and Legal Protection

Updated on September 8, 2012
Jason Matthews profile image

Jason has a background in business, travel, and athletics. He is happy to share his knowledge with others and loves to continually learn.

Protection for Bright Ideas

Types of Intellectual Property

Intellectual property is (and has been for a while) somewhat of a sticky issue. If a person owns a piece of land, it is a lot easier for them to define and prove what they own than it is for them to define and prove that they own a certain idea or work. I believe that regulating intellectual property is necessary, although not every regulation in that area is healthy, per say.

Based on my readings and my understanding, there are three major types of intellectual property. First, there are inventions, which are works created by people that can take various forms. Traditionally, we when think of inventions we think Thomas Edison and the light bulb or some physical object. However, today there are a lot of inventions which are not physical, but digital such as a unique design for an online shopping cart or an algorithmic method of analyzing complex data. Inventions are protected by patents. Patents provide government protection for an invention for a limited period of time (in the US today, it is 20 years) and subject the invention to public awareness (Wikipedia, 2010).

Another form of intellectual property is a written work. Again, the idea of a written work has evolved from traditionally being a book or document to being a patch of code or a software application. This property is protected by a copyright which according to Wikipedia, “is a set of exclusive rights granted by the law of a jurisdiction to the author or creator of an original work” (Wikipedia, 2010). According to the World Intellectual Property Organization state that some of the rights protected by copyright is the owner’s right to allow or disallow: reproduction, distribution, public performance, translation, broadcasting, and adaptation (WIPO, 2005).

Finally, there is the trademark, which is “a word, name, symbol, or device which Is used in trade to indicate the source of the goods and to distinguish them from the goods of others” (Rappa, 2009). Trademarks are unique to particular brand, business, or individual and therefore need to be protected in the interest of preserving an entity’s identity. There are three types of trademarks: unregistered trademarks (marked with the ™ symbol), unregistered service marks (℠), and registered trademarks (®). Unregistered marks are still protected by law, but do not have all the rights of a registered trade mark (Wikipedia, 2010).

Enforcement of Intellectual Property Laws

As I have mentioned, all of the above can be protected by the law. In most cases legitimate infringement of a copyright can be enforced by a civil lawsuit. Legal action for patent violations can be taken to the courts or a complaint can be filed with the ITC (International Trade Commission). For trademark violations, a private, rather than a civil law suit, can be filed (Wikipedia, 2010). Many companies have ramped up their prosecution of those persons who violated copyrights, especially in the last several years (Greene, 2010).

Sources: 

Greene, Kochava. 2010. http://www.ehow.com/about_5052275_happens-someone-breaks-copyright-law.html.
Rappa, Michael. 2010. http://digitalenterprise.org/ip/ip.html
Wikipedia. 2010. Articles on: Patent, Copyright, Trademark, and US Laws effecting each of those. 
World Intellectual Property Organization. 2005. http://www.wipo.int/freepublications/en/intproperty/909/wipo_pub_909.pdf

© 2010 Jason Matthews

Comments

    0 of 8192 characters used
    Post Comment

    • profile image

      Christopher "Domian Transfer" Hofman 

      7 years ago

      Interesting post!

      It´s funny how domains are not seen as trademarks, but when there is a domain dispute, it´s ALWAYS about a trademark infringement.

      I know, domains are not trademarks, however it´s time that trademark lawyers take them seriously, and include them in their brand protection recommendations.

    working

    This website uses cookies

    As a user in the EEA, your approval is needed on a few things. To provide a better website experience, hubpages.com uses cookies (and other similar technologies) and may collect, process, and share personal data. Please choose which areas of our service you consent to our doing so.

    For more information on managing or withdrawing consents and how we handle data, visit our Privacy Policy at: https://hubpages.com/privacy-policy#gdpr

    Show Details
    Necessary
    HubPages Device IDThis is used to identify particular browsers or devices when the access the service, and is used for security reasons.
    LoginThis is necessary to sign in to the HubPages Service.
    Google RecaptchaThis is used to prevent bots and spam. (Privacy Policy)
    AkismetThis is used to detect comment spam. (Privacy Policy)
    HubPages Google AnalyticsThis is used to provide data on traffic to our website, all personally identifyable data is anonymized. (Privacy Policy)
    HubPages Traffic PixelThis is used to collect data on traffic to articles and other pages on our site. Unless you are signed in to a HubPages account, all personally identifiable information is anonymized.
    Amazon Web ServicesThis is a cloud services platform that we used to host our service. (Privacy Policy)
    CloudflareThis is a cloud CDN service that we use to efficiently deliver files required for our service to operate such as javascript, cascading style sheets, images, and videos. (Privacy Policy)
    Google Hosted LibrariesJavascript software libraries such as jQuery are loaded at endpoints on the googleapis.com or gstatic.com domains, for performance and efficiency reasons. (Privacy Policy)
    Features
    Google Custom SearchThis is feature allows you to search the site. (Privacy Policy)
    Google MapsSome articles have Google Maps embedded in them. (Privacy Policy)
    Google ChartsThis is used to display charts and graphs on articles and the author center. (Privacy Policy)
    Google AdSense Host APIThis service allows you to sign up for or associate a Google AdSense account with HubPages, so that you can earn money from ads on your articles. No data is shared unless you engage with this feature. (Privacy Policy)
    Google YouTubeSome articles have YouTube videos embedded in them. (Privacy Policy)
    VimeoSome articles have Vimeo videos embedded in them. (Privacy Policy)
    PaypalThis is used for a registered author who enrolls in the HubPages Earnings program and requests to be paid via PayPal. No data is shared with Paypal unless you engage with this feature. (Privacy Policy)
    Facebook LoginYou can use this to streamline signing up for, or signing in to your Hubpages account. No data is shared with Facebook unless you engage with this feature. (Privacy Policy)
    MavenThis supports the Maven widget and search functionality. (Privacy Policy)
    Marketing
    Google AdSenseThis is an ad network. (Privacy Policy)
    Google DoubleClickGoogle provides ad serving technology and runs an ad network. (Privacy Policy)
    Index ExchangeThis is an ad network. (Privacy Policy)
    SovrnThis is an ad network. (Privacy Policy)
    Facebook AdsThis is an ad network. (Privacy Policy)
    Amazon Unified Ad MarketplaceThis is an ad network. (Privacy Policy)
    AppNexusThis is an ad network. (Privacy Policy)
    OpenxThis is an ad network. (Privacy Policy)
    Rubicon ProjectThis is an ad network. (Privacy Policy)
    TripleLiftThis is an ad network. (Privacy Policy)
    Say MediaWe partner with Say Media to deliver ad campaigns on our sites. (Privacy Policy)
    Remarketing PixelsWe may use remarketing pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to advertise the HubPages Service to people that have visited our sites.
    Conversion Tracking PixelsWe may use conversion tracking pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to identify when an advertisement has successfully resulted in the desired action, such as signing up for the HubPages Service or publishing an article on the HubPages Service.
    Statistics
    Author Google AnalyticsThis is used to provide traffic data and reports to the authors of articles on the HubPages Service. (Privacy Policy)
    ComscoreComScore is a media measurement and analytics company providing marketing data and analytics to enterprises, media and advertising agencies, and publishers. Non-consent will result in ComScore only processing obfuscated personal data. (Privacy Policy)
    Amazon Tracking PixelSome articles display amazon products as part of the Amazon Affiliate program, this pixel provides traffic statistics for those products (Privacy Policy)