The following paper will examine an article detailing the definition intellectual property. Additionally, it will make example of the laws that govern and protect the creation and use of intellectual property. Week 3 Individual Assignment A large business has been made through sales of creations of the mind. These include inventions, artistic works, manuscripts, images, designs and much more. These works are known as Intellectual property. Along with the big business of selling intellectual property comes the need to protect it.
It is for this reason that laws have been put in place for the protection of intellectual property. The following paper will make example of an article titled “What makes Trademarks Intellectual property? ” as well as make an examination of the different types of legal protections that exist for intellectual property. The writings which are to be protected are the fruits of intellectual labor. The trade-mark may be, and generally is, the adoption of something already in existence as the distinctive symbol of the party using it. At common law the exclusive right to it grows out of its use, and not its mere adoption.
The preceding statement makes an example of the points Ms. Laura Slezinger makes in her article entitled “What makes Trademarks Intellectual property? ” The article makes examples of intellectual property and how it is and is not protected by enacted laws and the Constitution of the United States. To begin, Slezinger examines the differences between private property and ownership. Additionally, she makes the point that the right to possess tangible or intellectual property relies solely on societal laws that accept and protect the ideals of possession by individuals.
Slezinger argues, through the example of the striking down of the first federal trademark- registration statute in congress, that trademarks are interlinked to the protection of property for which they make a representation. The patent and copyright clause states, “The ordinary trade-mark has no necessary relation to invention or discovery. The trade-mark recognized by the common law is generally the growth of a considerable period of use, rather than a sudden invention.
It is often the result of accident rather than design, and when under the act of Congress, it is sought to establish it by registration neither originality invention, discovery, science, nor art is in any way essential to the right conferred by that act. If we should endeavor to classify it under the head of writings of authors, the objections are equally strong. ” Slezinger argues that although many useful inventions have been the product of accidental creation, many other inventions and works of intellectual creation have been the product of calculated planning.
Additionally, the trademarks that represent these creations are deliberate works of individual creativity and serve as an icon for which a product is known and used. The trademark enables the intangible association between goods and source. Consumers see the blue and white BMW logo. In their minds they have compartmentalized all they have learned about BMWs: “The Ultimate Driving Machine®” (or “overpriced German sports car”). Seeing the logo induces this learning into consciousness; little effort is required of the consumer.
The logo need not be attached to an automobile. The relationship between symbol and source should be protected as much as any tangible product. Laws and protections for intellectual property include copyrights, patents, and trademarks. Copyrights protect expressive arts. Owners of this type of intellectual work are given rights to reproduce their work. Additionally, they can make public displays of their works and benefit from their works financially. Patent laws protect intellectual works form being reproduced or used by others for a certain time period.
There are three types of patent laws to consider. These include utility patents which cover inventions with specific functions such as cleaning products. The second type, design patents, protects the way products are manufactured to look. This includes product packaging and marketing. Finally the third type, plant patents, protects plants that are asexually reproduced. This includes plants that are produced under the hybrid class. Trademarks are simply put, the recognizing factor for many products sold throughout the world.
Although some companies may adopt the TM symbol, before they have specified a certain trademark, other companies have nationally and world recognized symbols for their products. Some examples of these include care manufacturers such as BMW, food and snack manufacturers such as lays, or toy manufacturers such as Fisher-Price and playschool to name a few. These laws have been set in place to protect not only the intellectual property but the rights of the inventor or artist. When these rights are violated the owner may receive money damages including royalties for the illegal use of their ideas and property.
It is important for any inventor or person owning intellectual property to know their rights as they relate to the laws that are placed to protect illegal use of these types of inventions and works. Reference: Alllaw. com. (2012). Retrieved from http://www. alllaw. com/topics/intellectual_property Slezinger L. What Makes Trademarks “Intellectual” Property?. Journal Of Contemporary Legal Issues [serial online]. April 2010;19(1):7-13. Available from: Academic Search Complete, Ipswich, MA. Accessed December 11, 2012.