industrial property

How is a copyright different from a patent or a trademark?

Copyright protects original works of authorship, while a patent protects inventions or discoveries.

Ideas and discoveries are not protected by the copyright law, although the way in which they are expressed may be.

A trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others.

Is a character protected by copyright?

A character could be protected under copyright if it is an original expression of an author.

Merchandising items such as toys, interactive games, books and clothing including characters can also be protected by intellectual property rights in certain circumstances, mainly copyright and trademarks, along with other areas of law.

Is computer software protected by copyright?

In the 1970s and 1980s, there were extensive discussions on whether the copyright system, the patent system, or a sui generis system, should provide protection for computer software. These discussions resulted in the generally accepted principle that computer programs should be protected by copyright, whereas apparatus using computer software or software-related inventions should be protected by patent.

What is Intellectual Property?

Intellectual property, often known as IP, refers to creations of the mind: inventions (patents), literary and artistic works, symbols, names, images, designs used in commerce. The owner of intellectual property can control and be rewarded for its use, and this encourages further innovation and creativity to the benefit of us all.

Intellectual property is divided into two main categories:

  • Copyright, which includes literary and artistic works such as novels, poems and plays, films, musical works, web sites, drawings, paintings, photographs and sculptures, and architectural designs. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programs.
  • Industrial property, which includes inventions or patents, trademarks, industrial designs, and geographic indications of source.
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