Intellectual Property: Who Has What Rights?

intellectual property

2004

What is intellectual property ? To give an identification means to understand ,- said an ancient philosopher . So , usually we understand intellectual property as activity (works , phonograms , inventions , etc ) and means of individualization (trade marks , company name , etc

Objects of intellectual property often divide into several groups : 1 objects of copyrights (science , literature , art works , including databases and computer programs 2 ) objects adjoining rights (phonograms , TV and radio programs , etc 3 ) objects of patent rights (inventions , useful models , industrial examples , etc 4 ) means of individualization (trade marks and service

marks , company names , names of commodity origin , etc 5 ) non-traditional objects (selective innovations , topologies of integral micro schemes , rationalization proposals

Intellectual property can be called a kind of asset , so in this quality you can buy it , sell , license , exchange it or to give without compensation , as any other kind of property . Besides , the owner of intellectual property has right to forbid illegal usage or sale of that definite property . Still , intellectual property is invisible , so in order to become registered , it should be expressed in some discernible way

Trade marks for brand identity for goods and services first of all are used to indicate the source of goods or services and to distinguish goods and services from the other . Trade marks also symbolize quality of goods or services , they are used together with . Majority of them are expressed in words , but they can be anything , what distinguish one product from the other , - they can be expressed as symbols , logotypes sounds , designs or even distinguishable non-functional configurations of products

The term of registration has definite period , but because of fundamental aims of trade marks (to avoid public confusion , to stimulate competition and protect interests of owners ) - registration can be renewed and in such a way to be prolong infinitely , while those trade marks are used

What are the rights ? The owner of trade mark can prohibit to others to use a similar trade mark in case such usage , probably , will arouse confusion in minds of consumers . Let 's remember trademark of Panasonic Sony , or Nike and Reebok . All these are trademarks . So , a consumer buying production of those companies , buys also quality of production brand name and fashion . There are other companies (mostly Chinese /Vietnamese , which produce fake , but use principle of similar pronunciation of well-known brand names . For example , they produce tape-recorders with brand name Panassonic , Sonny , or shoes with logotype Reaboc or Nikee . Those companies cause great losses to real companies Panasonic , Sony , Nike etc . A recognized brand name or trade mark represents the goodwill that has been built into the product or service Consumers tend to associate the recognized brand name or trade mark with certain characteristics that are specific to that name or mark Therefore , companies often spend millions of dollars annually for safeguarding the investment in the related intellectual property rights (Intellectual Property Website . The problem is that different countries have their own legislation regarding intellectual property , what created difficulties for identification...