Intellectual Property Rights: Definition, Rules, Examples
The Definition of Intellectual Property Rights
Intellectual property rights (IPR) refer to the legal rights that creators have over their artistic, literary, and scientific works. It includes copyrights, trademarks, patents, industrial designs, and trade secrets (Gurtu and Dewani 8). Intellectual property rights ensure that the creator’s work is protected and allows them to monetize their creations.
The Rules Pertinent to Intellectual Property Rights
There are specific rules that govern intellectual property rights. Firstly, copyright is granted to works like books, music, and images, while a patent is granted to a unique product or invention (Gurtu and Dewani 14). Secondly, trademarks protect a company’s logo or brand name from unauthorized use.
Thirdly, industrial designs refer to a unique visual appearance of a product. Trade secrets are confidential business information that is crucial to a company’s operations. Another specific rule regarding intellectual property rights is that creators must register their works to be protected under IPR laws (Gurtu and Dewani 23). Additionally, IPR laws vary from country to country, and it is important for creators to understand the rules and regulations before trying to protect their work.
An Example of Intellectual Property Rights
One can take action to protect their intellectual property rights when they find that a competitor has been using their logo and brand name without authorization. What actions can be taken to protect intellectual property rights?
As the owner of the intellectual property, it is suggested to write a cease and desist letter to the competitor so as to ask them to stop using the logo and brand name. Should they continue to do so, filing a lawsuit against the competitor for infringement of one’s intellectual property rights would be the next step. It is important to have registered the trademark under the relevant laws in order to safeguard one’s rights.
In the lawsuit, an injunction that would restrain the competitor from further infringement could be requested, as well as monetary damages incurred due to the competitor’s actions.
Work Cited
Gurtu, Amulya, and Nisha D. Dewani. Intellectual Property Rights and the Protection of Traditional Knowledge. IGI Global, 2019.