Human mind is the basis
of the progress of humanities. The fact is that we live in a world
where human rights are violated, the story of a real protection of
property is more often a puzzle.
For today’s
corporations, intellectual property can be a source of both major
revenue and considerable risk. As infringement and counterfeiting cases
have become more and more common, companies have seen the potential
costs involved in protecting their IP rights rise dramatically.
Companies need IP management strategies designed for maximum protection and and reduce the risk.
The products of the
human mind are intangible assets, whose value is in duplication, use and
presentation to other people, so it is not purposeful and often not
even possible to protect with hiding, imprisonment or other measures of
physical protection.
Because of the social
value of these intangible assets it is considered to be creative or
artistic realization of an idea which is the product of human intellect
belongs to its creator and, under certain conditions, is his
intellectual property. Although intangible, in the physical sense,
intellectual property has all the characteristics of the property, but
it can be bought, sold, licensed, exchanged, donated or inherited as any
other property.
From the business point
of view, intellectual property represents intangible assets whose
successful exploitation can be a valuable foundation and contribution to
business.
In order to protect this
type goods and also encourage human creativity, that contributes to
overall social development, has developed an appropriate system of legal
protection of intellectual property. Intellectual property includes a
system of legal instruments governing the acquisition of intellectual
property and its protection against unauthorized use.
Unauthorized use or reproduction of the intellectual property law
is violation of rights and the right of owner to access, use and obtain
the benefits of such property shall be protected by the means and the
legal institution.
Intellectual property includes two subgroups rights- copyright and related rights, and industrial property rights.
Copyright is the
exclusive author’s right to handle their literary, scientific or
artistic works, and works from others area of creativity, and also work
from similar areas of creativity: to the rights of performers,
phonograph products and broadcasting of radio and television.
Industrial property
covers rights which protect producer’s business interests from
competitors, position in the market and the resources invested in the
research, development and promotion.
Some aspects of
characteristic of a product can be protected by one more of the various
forms of intellectual property, which complement each other. for
example, a patent protect a new solution to a technical problem,
industrial design protects the new exterior shape or appearance of the
product and the stamp (also known as a trademark, registered trademark
or Eng. trade mark) protects a sign which serves distinguish from
similar products and/or services on the market.
A patent is a document
which protects the exclusive right to exploit an invention. The
invention, which has all the characteristics of patent ability going
through the application process and the grant of the patent has granted
patent protection. The patent provides the owner the exclusive right to
manufacture, use, distribute or sale the invention protected by the
patent.
Trademark is an
exclusive right granted for a sign which is used to identify the goods
and / or services of one person from the other people in economic
transactions.
An industrial design
protects the appearance in whole or part of a product which is new and
whose individual character is the result of specific lines, contours,
colors, shapes, and product’s materials itself or its ornamentation.
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