Title: Intellectual property Date: 17/10/2019 Template: slidy Status: draft Tags: resource
the manifestation of ideas, creativity and invention in a tangible form
Intellectual property is often discuss in the same terms as commercial or physical property because it can be considered an asset to your organisation"
even if you already have a patent, trade mark or copyright, you must have the will and the resources to enforce the protection of these by taking somebody who is infringing one of these to the civil courts
↑ particularly if the infringement happens in another country
Gives its holder, for a limited amount of time, the right to stop other from exploiting the invention. There are renewal fees to be paid to keep the patent operative.
Patent protection can be applied to a wide range of inventions such as appliances and mechanical devices, biological and chemical inventions and computer related inventions.
Not all inventions qualify for the grant of a patent. The Irish Patents Act specifically excludes the following subjects from patentability:
Discoveries and aesthetic creations:
Although such subject matter or activities are not patentable, their use or application may be patentable.
For example, a scheme or method for playing a game is not patentable, but it is possible to obtain patent protection for a novel apparatus for playing a game.
Also, the exclusion from patentability of computer programs does not prevent the granting of patents for inventions involving the use of such programs, as long as a technical effect is achieved by its implementation.
While it is not possible to obtain a patent on software per se, patents may be granted for inventions requiring the use of software to achieve their purpose. This, however, is conditional on the software having a “technical effect” when the programme is run. Such effect may, for example, be found in the control of an industrial process or in the internal functioning of the computer itself.
Patents are territorial and give an exclusive right in the country where the patent has been granted as long as the patent is renewed each year through the payment of a renewal fee, e.g. an Irish patent is only valid in Ireland (Republic of Ireland only).
If you are seeking protection in other countries outside of Ireland, you can apply for a patent in that country. Alternatively, you can apply to the European Patent Office or use the Patent Co-operation Treaty system.
Trade marks are any signs that can be represented graphically and are capable of distinguishing the goods or services of one business from those of another.
The essential function of a trademark is to exclusively identify the commercial source or origin of products or services, so a trademark, properly called, indicates source or serves as a badge of origin. In other words, trademarks serve to identify a particular business as the source of goods or services. The use of a trademark in this way is known as trademark use. Certain exclusive rights attach to a registered mark.
Registered trademarks can use the R symbol, whereas unregistered trademarks tend to use the TM symbol. The TM symbol could be described as a visual explanation of what a logo is.
in Unicode :
“Design” means the appearance of some or all of a product resulting from the features such as the lines, contours, colour, shape, texture or materials of the product itself or its ornamentation.
In order to be registrable a design must be new and have individual character:
A design is considered to be new if no identical design has been made available to the public before the date of filing of the application for registration or where priority is claimed, the date of priority.
The requirement to have “individual character” is met if the overall impression produced by a design on an informed user differs from the overall impression produced on such a user by any earlier design which has been made available to the public.
Traditionally, protectable designs relate to manufactured products such as the shape of a shoe, the design of an earring or the ornamentation on a teapot. In the digital world, however, protection is gradually extending in some countries to a number of other products and types of design. These include electronic desktop icons generated by computer codes, typefaces, the graphic display on computer monitors and mobile telephones, among other things.
Designs that relate to how a product functions or for parts that in normal use are not visible, or designs that are contrary to public policy or to accepted principles of morality or which constitute an infringement of a copyright work may not be registered. See The Industrial Designs Act, 2001 for further details.
“As humans, we share the realm of abstract ideas. What artists do, is to take an abstract idea and make a series of creative choices in formed by their personality in order to create an expression that is the artistic work.”
“Because your personality is unique, your artistic work is original. And because the work is so tightly tied to your personality, you should be allowed to have some control over it.
And because copyright was invented by writers and publishers, not by painters, the control that you have is not over the physical object through which your expression is fixed, but over its copies.”
Next to regulating the copies of a work, copyright also regulates the reuse of your copyrighted work in a new work by another author. Most forms of sampling, adaptation and appropriation are, as far as copyright is concerned, still copies.
The expected benefit is double-edged.
it is economic —you can profit from attention to your work by selling, for example, the film rights to a text you wrote or the reproduction rights to an image you created.
On the other hand, the benefit is artistic control —you can limit who gets to reuse the work and to what extent, in which case your rights limit those of other artists.
the Berne Convention, uses the term “literary and artistic works.” It defines this as “every production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression.”
The expression “production in the literary, scientific and artistic domain” may seem to restrict the scope of copyright to the context of professional creative production, but that’s not really the case. Judges have been reticent to arbitrate what works be long to the artistic domain because they would then have to determine who is an artist and who is not.
A more open definition has come to be employed. Judges ask: Does the expression in question show the imprint of a personality?
And because that sounds vague, here’s an other way to phrase it:
Is the expression the result of a number of free and creative choices by a human being (yes, copyright is speciesist)? You don’t have to consider your self an artist, be validated as such, or even consider what you do as art to get copyright. Your holiday snap shots and the drawings made in creative therapy all have copyright, as do everyone else’s.
Copyright tries to make a strict distinction between expression and idea, where the expression is copyrighted and the idea is not. In practice it’s difficult to separate the two, with the possible exception of conceptual art. If in conceptual art the idea constitutes the work of art, the concept in conceptual art can not be copyrighted. Only the form in which the concept is documented or fixated can be.
This idea is not protected; you can sculpt an up side-down plinth yourself. The thing you can not do is make exactly the same pedestal Manzoni did.
Once you are recognised as the author of something, copyright ensures you are the one who decides who can copy it.
Copyright law says nothing about getting paid, but the underlying assumption is that you can leverage copyright by asking for compensation from who ever wants to publish or republish your work.
In the realm of copyright, other works and artistic heritage don’t really exist. Your inspiration is supposed to come from the realm of abstract ideas, not from the concrete forms that make up culture and its history.
This means that if your work incorporates existing text, images or sounds, you need to ask permission to the authors (or whichever publisher may now hold the rights) of the original pieces.
Wether or not they grant you that permission is entirely up to them. If they do grant you permission, it might be at the cost of a monetary exchange that could possibly be prohibitive.
Dj Shadow’s Endtroducing (2006)
The Berne convention in 1886 achieved two key features for copyright:
↑ that is, written or recorded on some physical medium, its author is automatically entitled to all copyrights in the work
Copyright last for a long time. It will extend past your lifetime and continue after your death. The Berne convention specifies a minimum of 50 years after the authors death, with copyright ending on the 1st of January of the year following this anniversary.
Most countries (including EU member states and the US) have pushed this to 70 years after the death of the author.
Mexico provides the longest protection: Andrés Henestrosa was born in 1906, published his first book at 22 and died in early 2008 at the age of 101. When his copyright expires, on 1 January 2109, Los hombres que dispersó la danza (1929) will have been under copyright in Mexico for 179 years.
Once you’ve made a photograph or a drawing, no one can copy or even adapt it without permission. But that rule does not apply for the procedure or style with which you made the image.
In other words, it’s no problem to make a work in the style of another work, you just can’t copy.
So, when is a copy still a copy? If I make a drawing after a photograph, for example, do I still need permission? Most probably, yes. A drawing of a photograph is considered a derivative work as long as the form of the original is still recognizable in your copy.
Mixed licences are the norm:
In every design there are elements that you did not make yourself and whose copyright does not belong to you. There can be texts you did not write, photographs you did not take, typefaces you did not design. You need to make sure all the rights are secured before your design goes online or rolls off the press.
When someone pays you to make a design, that’s what they’re paying for, the service of making the design. Paying for your services does not automatically grant your clients copyright. The copyright remains yours. This might seem counterintuitive but, theoretically, the client will have to ask your permission to reproduce the design!
Do you write code? In that case you write in a language readable to both machines and humans, which is what makes software unique as a cultural object.
Since code is now seen as a creative, cultural expression it receives the protection of copyright
Drawings of faces originally couldn’t be copyrighted because they were specifically understood as utilitarian. But when they began being build in software, typefaces could be understood as texts describing shapes based off of creative decisions.
This means that digital typefaces, much like software, now can benefit from the protection of copyright.
A hack introduced by software developers when software began to be licenced.