“Intellectual property refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.” (WIPO)
In the broad sense intellectual property represents a temporary exclusive right fixed by law, as well as personal non-property rights of authors on the result of intellectual activity or means of individualization. Legal acts on intellectual property rights establish the authors’ monopoly on usage of their intellectual and creative work results which can be used by other persons only with the permission of the original creator.
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Human imagination and creativity can be manifested in certain forms of product, whether it is an industrial, scientific or artistic field, referred to as intellectual property. Without a physical carrier an idea has no form and therefore cannot be protected by law. Once a form is created the embodied idea becomes a property of the creator or inventor who can financially benefit from it.
Since there are always people who want to make money without putting any considerable efforts, it is just a matter of time when a product of intellectual labor will be imitated and an idea will be replicated. This is ultimately a problem of all creators who lose an opportunity to make gains once a replica is there on a market. The rights of the inventor have to be protected to prevent such misconduct, at least until their ideas have brought full benefit to the entrepreneurial firms. It is a risk for creator to spend their time and efforts on something that can be easily stolen, and this is when existing laws have to make a stand and grant the exclusive rights to the results of their work facilitating the creativity and innovation along the way.
A patent is a document that protects ideas and inventions and prohibits their copying, distribution and sale without the permission of the author. It is necessary for the inventor not to be afraid to share his ideas and technologies with the rest of the world. If the invention proves to be useful, it will be put into production and income will be shared with its author. When issuing a patent, the composition, device or process has to be novel and that the principle used in the invention is not well known.
Utility patents. This is a technical solution that can relate to the means of production or products. Patent protection is provided to new and industrially applicable utility models. Patenting a utility model is simpler than an invention, since there is no such criterion as an inventive step.
Design Patents. This is an artistic solution of industrial or handicraft product which determines its appearance or design. To make a patent, a solution must be novel and original.
Invention. This is a technical solution applicable to industrial activities, which refers to a product or method of performing actions on objects. Patent protection can be guaranteed only to new inventions that have an inventive level and industrial applicability.
A trademark is a name, term, sign, symbol or combination of these concepts intended to identify goods or services of the seller or groups of sellers and separate them from the competitors’ products or services. The trademark serves to individualize the company and specific products, replacing the idea of the brand or the goods (services) themselves in all communications that are somehow connected with the company and its activities. Most often the consumer is getting in contact with the name, graphic and other symbols of the trademark, associating these attributes with the subject (company, firm), objects (goods) or actions (service).
Copyright is a set of civil rights that regulate relations for the recognition of authorship and protection of works of science, literature and art, establishing the order for their use, providing their authors with non-property and property rights, protecting the rights of authors and other right holders. It includes the exclusive right to work, the author’s right to a name, the right to integrity and the right to publish a work. Copyright covers the works of science, literature and art if they are the result of creative activity and exist in some objective form.
The concept of creativity is not disclosed in the law. It is believed that the creative is the mental, intellectual activity, resulting in the creation of an independent result of science, literature or art. In the literature it is pointed out that the novelty or originality of a work serves as an indicator of a creative characteristic.
For the copyright protection the purpose and dignity of the work do not matter. In this regard, we can say that copyright extends to any original creative results. However, the work will be granted legal protection only if it has an objective form of expression.
Speaking of how copyright can actually protect the work, the UK law, for example, prescribes that it prevents people from copying your work, distributing copies of it, whether free of charge or for sale, renting or lending copies of your work, performing, showing or playing your work in public, making an adaptation of your work, putting it on the internet (gov.uk). In other countries the protection of copyright is granted by international agreements, like Berne Convention, if they are properly ratified and integrated in national legislation.
