Intellectual Property
This term has nothing to do with the mental capabilities of those practising in the profession. It is a generic expression and usually covers the following main subjects:
- Patents - with the first syllable pronounced either as in 'pat' or as in 'pay'
- Trade Marks - spelled 'Trademarks' in USA and other countries using American English
- Designs - callled 'Registered Designs' in UK and 'Design Patents' in USA.
- Copyright & Design Right - and including the unregistered Design Right available in UK
- Domain Names
There are substantial differences between these several subjects and they are therefore dealt with separately in the ensuing links/pages.
However, it should be noted that the equivalence of Intellectual Property with many aspects of physical property is most striking. Theft of any physical property is usually deemed both injurious to the initial owner of the property, and also considered a social wrong. Therefore a nation state makes theft of physical property a criminal offence. In general, stealing someone's original idea is not injurious to the public at large but is merely injurious to the initial creator of the idea or its current owner. That is why, for the most part, theft of intellectual property is deemed a civil offence. There are exceptions such as modern-day piracy and counterfeiting but, in the main, action to enforce intellectual property rights are by way of civil proceedings. For the UK this is usually in the High Court, Chancery Division and recently also in the Patents County Court if the issues are in any way patent related.
These several property rights are dealt with in separate sections although, in each section, some comparisons will be necessary to emphasise the differences between them.
Further information, advice, and an indication of likely costs, can be obtained from Bromhead Johnson or any other Patent Agent/Attorney
© E. Eder 2004 and Bromhead Johnson 2008