FAQs about Intellectual Property
What is intellectual property and why is it important?
Intellectual property is a type of intangible property. It is the property of ideas and human thought. When you buy a book, there are two types of property – the physical and intangible. You own the physical book, but the ideas contained in it and the style of prose used is intangible property, in other words it is the intellectual property of the author.
Given the scope of intellectual property, it is clearly important and plays a vital role in shaping the modern world around us as well as the relationships between organisations and individuals. Whilst important, it can be complex and difficult to understand what rights your organisation and you as an individual have and whether you are infringing on other’s rights, making specialist legal advice vital.
What is a patent?
A patent is a intellectual property right connected to the invention of physical things and mechanical processes. The invention must have an application to a certain industry (such as farming). It also must be verified to be unique by an expert in that particular industry. For a patent to come into existence, an application to a relevant patent office has to be made. The invention does not have to accompany the application although technical diagrams do.
What is a copyright?
Copyrights protect the works of authors, artists, photographers, businesses and even computer programmers. Literature, paintings, sculptures, sketches, photographs, computer code, website copy, business literature and marketing plans are all protected by copyright. Copyrights are enforceable for the lifetime of the person who created the work plus an additional 70 years.
What is a trademark?
A trademark is a type of intellectual property right used to ideas of an organisation, including logos, brands, sounds, words, colours and images. Trademarks are registrable, although unregistered trademarks do exist.
What is a design right?
A design right relates to designs that can be expressed in three dimensions. Design rights are registrable, although like trademarks, unregistered design rights exist too.
My work constantly requires me to come up with my new ideas. When do I have ownership of those ideas?
If you come up with an idea during the ordinary course of your employment, then it is more than likely that your company will have the intellectual property rights to that idea. Your contract of employment will generally state the position.
If, however, you come up with the idea outside normal work hours, at home and you are not creating the idea to fulfil the general duties of your employment, then there is a good chance that you own the intellectual property right or are entitled to register your idea to have your rights protected.