According to the World Intellectual Property Organization (WIPO), a property that is regarded as “intellectual” (IP) is something that is created in a person’s mind, as opposed to “physical” or “tangible” property such as a house, land, or car. The design for an auto can be patented, but after the car is mass-produced, it becomes a commercial property. IP can encompass written or artistic work, including books, paintings, or musical composition. In the world of manufacturing and technology, IP includes designs for products, blueprints for equipment, and technological innovations. Names and symbols used by organizations that are used in commercial business, such as the Nike “swoosh,” are the third type of IP that is protected by law.
Copyrighted Literary and Artistic Property
Anything that can be placed under copyright falls under the heading of literary and artistic property. The words in a book manuscript are legally considered to be the creation of its author. A publisher may physically print and sell a book, but the book’s copyright is issued to its author. Composers can copyright their musical compositions, and video game designers can copyright games that are played based on their original code. Different countries have different rules regarding the copyright of different human creative endeavors, and the United States has treaties or agreements with the majority of other countries and regions, including the EU. Treaties regarding the international sale and trading of artistic, literary and creative works include the Beijing Treaty on audiovisual performances, the Berne Convention protecting artistic and literary work, and the Brussels Convention, which addresses satellite broadcasts.
Patents and Inventions
Although his notebooks were created long before the beginnings of contemporary patent law, Leonardo da Vinci’s drawings of flying machines could qualify as early patent drawings. Inventors must complete drawings and written descriptions of their ideas as the first step in the patent process. A patent-holder is entitled to license their patented invention. Patents also determine which manufacturer may have the right to make and sell machinery, equipment, and technology based uonpatented designs. The difference between a patented invention and software code depends upon whether the product is a tangible and able to be manufactured or not. Code for a mobile phone game would receive a copyright, while the actual phone would be a patented invention.
Trademarks and Registered Service Marks
Any combination of letters, numbers, and words can comprise a company or brand’s trademark. Common and familiar trademarks include the Coca-Cola script writing and red and white brand colors. Other famous trademarks include Tide laundry detergent and Kleenex tissues. The specific names, visual appearance, and colors determine how a trademark can be enforced. Trademarks are intended to protect a company or brand and consumers from an inferior or “knock-off” product being sold under false pretenses. A brand or company is responsible to enforce the trademark itself by notifying infringers before pursuing further legal action and enforcement.
A famous example of an early attempt to provide protection against intellectual property theft is the Louis Vuitton monogram canvas. Now a world-recognized trademark of Vuitton’s top luxury brand, Louis Vuitton designed the LV canvas in 1896 when imitation Vuitton luggage appeared on Paris streets. The United States Patent Office (USPTO) granted over 629,000 patents in 2015. Facts cannot be copyrighted, but a nonfiction book or article that conveys facts can be. Intellectual property grows every time a new book or software program is written, or a new invention is created.
