Intellectual Property
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An Intellectual Property is a intangible creation of the mind that is a legal property (supported by an intellectual property right).
- AKA: IP, Intellectual Asset, Intangible Property.
- Context:
- It can be defined by an Intellectual Property Law.
- It can establish Legal Control through ownership rights and protection mechanisms.
- It can protect Creative Expression through legal frameworks and enforcement processes.
- It can secure Commercial Value through exclusive rights and licensing agreements.
- It can preserve Business Interest through registration systems and documentation processs.
- ...
- It can often generate Revenue Stream through commercialization strategys and licensing models.
- It can often provide Market Advantage through territorial protection and exclusivity periods.
- It can often support Innovation Protection through portfolio strategy and management practices.
- ...
- It can range from being a Single Copyright Registration to being a Global Patent Portfolio, depending on its protection scope.
- It can range from being a Domestic Trademark to being an International IP Portfolio, depending on its jurisdictional reach.
- ...
- It can require Maintenance Fee for protection continuation.
- It can involve Legal Defense against infringement action.
- It can enable Technology Transfer through licensing mechanisms.
- ...
- Examples:
- Copyright Protected Works, such as:
- Trademark Registrations, such as:
- Patent Grants, such as:
- Trade Secret Protections, such as:
- ...
- Counter-Examples:
- a Tangible Creating of the Mind, such as a Painting.
- a Real Property.
- Public Domain Content, which lacks protection status.
- Generic Expression, which lacks distinctive character.
- Common Industry Practice, which lacks confidentiality protection.
- See: Industrial Design Right, Trade Dress, Trade Secret, World Intellectual Property Organization, Intellectual Property Litigation, IP Valuation, Technology Licensing, Patent Law, Copyright Law, Trademark Law.
References
2014
- (Wikipedia, 2014) ⇒ http://en.wikipedia.org/wiki/Intellectual_property Retrieved:2014-5-14.
- Intellectual property (IP) rights are the legally recognized exclusive rights to creations of the mind. [1] Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs. Common types of intellectual property rights include copyright, trademarks, patents, industrial design rights, trade dress, and in some jurisdictions trade secrets. Although many of the legal principles governing intellectual property rights have evolved over centuries, it was not until the 19th century that the term intellectual property began to be used, and not until the late 20th century that it became commonplace in the majority of the world.[2] The British Statute of Anne (1710) and the Statute of Monopolies (1624) are now seen as the origins of copyright and patent law respectively.
- ↑ Intellectual Property Licensing: Forms and Analysis, by Richard Raysman, Edward A. Pisacreta and Kenneth A. Adler. Law Journal Press, 1998–2008. ISBN 973-58852-086-9
- ↑ "property as a common descriptor of the field probably traces to the foundation of the World Intellectual Property Organization (WIPO) by the United Nations." in Mark A. Lemley, Property, Intellectual Property, and Free Riding, Texas Law Review, 2005, Vol. 83:1031, page 1033, footnote 4.