Types of Intellectual Property

It is believed that the concept of intellectual property has its roots in early Jewish law. Later, it emerged after the French Revolution, with the French liberal theorist, Benjamin Constant, opposing the idea of 'property which has been called intellectual', which was introduced during that time. This concept was also mentioned in the famous 1845 Massachusetts Circuit Court ruling in the patent case Davoll et al. v. Brown. Subsequently, the World Intellectual Property Organization (WIPO) was established in 1967. The term 'intellectual property' increased in popularity after the enactment of the Bayh-Dole Act in 1980.

What is Meant by Intellectual Property?
Intellectual property is a right you have on your creations, like a film, a musical composition, an invention, a brand name, etc. Like any other real property, you have the right to own and protect the creations of your mind. Such a right is called intellectual property. If you have an intellectual property (IP) over any of your work or ideas, others need to take your permission before using it. Otherwise you can initiate legal action against such persons.

Intellectual property refers to the right over the intellectual work and not the work itself. The work can be either artistic or commercial. The artistic works come under the category of copyright laws, while the commercial ones, also known as industrial properties, are ruled by copyrights, trademarks, industrial design rights and trade secrets. Copyright laws deal with the intellectual property of creative works like books, music, software, painting, etc. Industrial properties cover those created and used for industrial or commercial purposes. As stated earlier, intellectual property is categorized into various types as per the nature of work. The most common types of intellectual property are copyrights, trademarks, patents, industrial design rights and trade secrets. Let us have a brief look at the different types of intellectual property.

Copyrights
A copyright is a right conferred on the owner of a literary or artistic work. It is an exclusive right to control the publication, distribution and adaptation of creative works. The right lies with the owner-cum-copyright holder for a certain period of time. As time lapses, the work can be republished or reproduced by others. Usually, the timespan of a copyright extends through the entire life of the owner and lasts up to a period of about 50 to100 years after death. In case of anonymous works, the right lasts for 95 years after publication or 120 years after the creation.

Trademarks
A trademark is a symbol, which is generally used to identify a particular product, which indicates its source. A trademark can be a combination of words, phrases, symbols, logos, designs, images or devices, used by an individual, legal entity or business organization to distinguish their products from that of others. For example, you can identify the products of Nike Inc., through their logo, which is embossed on their products. Once registered, trademarks are protected legally and the owners can sue persons who use their trademarks.

Patents
Patents are rights related to new inventions. This right is conferred on persons who invent any new machine, process, article of manufacture or composition of matter, biological discoveries, etc. In order to grant a patent, the invention should fit into the following criteria, which may differ from country to country. In general, the invention must be new, inventive and should be useful or can be applied in industries. The person who receives a patent for his invention has an exclusive right to control others from making, using, selling, or distributing the patented invention without permission. Generally, the time limit of a patent is 20 years from the date of filing the application (for the patent).

Industrial Design Rights
These rights also come under intellectual property and protect the visual design of objects that are not purely utilitarian, but have an aesthetic or ornamental value. It can refer to the creation of a shape, color, pattern or a combination of all these things. It can be an industrial commodity or a handicraft. The design can be either two-dimensional (based on pattern, colors and lines) or three-dimensional (as per shape and surface). An industrial design right is conferred after considering factors like, novelty, originality and visual appeal. The person who has an industrial design right has the exclusive right to make or sell any objects in which the design is applicable. The right is conferred for a period of 10 to 25 years.

Trade Secrets
Trade secrets are the designs, practice, formulas, instrument, processes, recipes, patterns or ideas which are used by a company to gain economic advantage over its competitors. The owner of a trade secret does not possess any right over anyone who gains access to that secret independently, but he can prevent the use of trade secret by anyone who has learned it through the owner. For example, an employer can protect trade secrets through contracts with his employees. It differs from other types of intellectual property, because it is the responsibility of the owner to keep the secret and it is not protected through government policies. Once the trade secret is leaked, it can be used by any person.

Intellectual property has encouraged people to come up with indigenous creations, as the law protects their right over their respective works. It can also offer some economic aid to the holder of the right, through the monopoly of their creations. Thus, it is very important to respect these rights and restrain from infringing them.