Intellectual Property Answer each of the questions and brief

Intellectual Property Answer each of the questions and briefly explain your reasoning. What is meant by the phrase \"intellectual property\"? In your answer identify similarities and differences between intellectual property and physical property. Jack has developed a new concept for a solar panel. The main point of difference between his solar panels and currently available panels is the unique shape. The shape gives the panels a unique and attractive look, but does not affect performance. What intellectual property protection should he obtain to protect his new concept? If the unique shape in (b) improved solar panel performance (ie energy efficiency), what intellectual property protection should Jack obtain? Does it need to be registered? Fred has developed a new phone and calls it \"the Fred\". The phone itself is basic, but has become a fashion accessory. It is distinctly labeled with a large oval with the words \"The Fred\" printed in cursive inside the oval. What intellectual property protection options are available to Fred to protect his branding?

Solution

ANS

a)

Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.

IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish.

Property or Physical Property is anything that is owned by a person or entity. Property is divided into two types: \"real property\" which is any interest in land,real estate, growing plants or the improvements on it, and \"personal property\" (sometimes called \"personalty\") which iseverything else. \"Common property\" is ownership by more than one person of the same possession. \"Community property\" isa form of joint ownership between husband and wife recognized in several states. \"Separate property\" is property owned byone spouse only in a community property state, or a married woman\'s sole ownership in some states. \"Public property,\"refers to ownership by a governmental body such as the federal, state, county or city governments or their agencies (e.g.school or redevelopment districts). The government, and, in particular, the courts are obligated to protect property rights andto help clarify ownership.

b) Jack needs to patent his design

A patent is an exclusive right granted for an invention. Generally speaking, a patent provides the patent owner with the right to decide how - or whether - the invention can be used by others. In exchange for this right, the patent owner makes technical information about the invention publicly available in the published patent document.

There are 3 types of patents: utility, design and plant. A design patent covers any new, original, and ornamental design for an article of manufacture, while a plant patent covers any new variety of asexually-produced plant. A design patent lasts 14 years, and a utility or plant patent lasts 20 years

c) If there is an improvement in performance then jack needs a utility patent

A utility patent is the most common type, and it covers any process, machine, article of manufacture, or composition of matter, or any new and useful improvements thereof.

To qualify for a utility patent, the invention must be novel, non-obvious, and have some usefulness.

d) The intellectual property right that fred needs is \"TRADEMARK\"

A trademark is a word, phrase, symbol, or design that distinguishes the source of the goods of one business from its competitors. For example, the Nike \"swoosh\" design identifies shoes that are made by Nike.

Although rights in trademarks are acquired by use, registration makes it easier to enforce those rights. Before registering your trademark, you should conduct a search of federal and state databases to ensure a similar trademark doesn\'t already exist.

To apply, you must have a clear representation of the mark, as well as an identification of the class of goods or services to which the mark will apply. You can submit an online application, and filing fees vary according to several factors, including the form type and the number of classes of goods or services. Filing an application is complicated, so most applicants hire an attorney who specializes in trademarks.