An Introduction to Intellectual Property Claims

By Mitchell Ho

Intellectual Property (“IP”) claims are legal frameworks that protects creations of the mind, thus assuring creators and inventors of exclusive rights to their work. In today's economy, where innovation and creativity are increasingly important, IP claims play a vital role in safeguarding intellectual contributions. Be it a distinctive brand identity, a breakthrough invention, or an artistic work, IP laws provide a structured mechanism for their protection. So what are the some specific types of an IP claim?

Trademarks

A trademark is any symbol, word, or design that identifies the goods or services of one competitor from those of another. The trademark is said to be a badge of origin and is legally protected against unauthorised use in such a manner as to create consumer confusion. For example, Nike's swoosh is a trademark globally recognised and protective of the brand identity of the company.

Trademark rights need to be established in a mark by its registration at the relevant registry, and currently, it is the UK Intellectual Property Office. The owner of a registered mark then has the exclusive right to use the mark in commerce and can sue for infringement against those who breach such rights. Infringement will occur when there is a similar mark used by a party not authorised to do so in any manner likely to deceive consumers. Remedies often involve injunctions, damages or destruction of infringing materials.

The value of trademarks is in building consumer trust whereby the customer can be sure of the origin of what they are buying. Trademarks are not just legal tools for a business but also major marketing weapons.

Copyright

Copyright grants creators the exclusive rights of reproduction, distribution, and display, among others, for original works such as books, music, films, and software. Unlike trademarks, copyright protection arises automatically upon the creation of a work, provided it meets the criteria of originality and fixation in a tangible form.

One of the many myths connected with copyright is that for it to be enforceable, it needs to be registered. While this would indeed strengthen one's claim in court, especially in cases of infringement, it is absolutely not a requirement for protection. Infringement of copyright entails someone using material originally copyrighted without its owner's permission, which usually brings financial or reputational loss to the owner.

Remedies for infringement include monetary damages, statutory penalties, and injunctions to prevent further misuse. Copyright law encourages creativity by ensuring that authors and artists can benefit financially and morally from their labour. It also balances public interest by allowing certain uses, such as fair dealing for criticism or research, without requiring permission.

Patents

A patent is a right given to an inventor by the state, which prevents others from making, using, or selling the invention without the owner's consent. The protection is meant to stimulate innovation by giving a time-bound monopoly — a normal period of 20 years from the filing date-in exchange for disclosure to the public.

To get a patent, an invention has to meet three major requirements: novelty, inventive step, and industrial applicability. Applications for patents go through a strict examination to ensure these criteria are met. When granted, the rights can be enforced by the patent holder against infringers by way of litigation.

The infringement of a patent can be committed in many shapes and sizes, such as by unauthorised manufacturing or selling of a patented product. Remedies may involve financial compensation, court orders to cease infringement, and sometimes even criminal penalties. For companies, patents offer an advantage in competitiveness, stimulate investment, and allow licensing agreements that create extra revenue streams.

The patent is most essential in the pharmaceutical and technology sectors due to the expensiveness of their research and development. In turn, patents encourage economic growth and technological development by protecting the inventions.

What is an example?

Intellectual property claims protect the creations of our modern world. Trademarks, copyrights, and patents are ways for individuals and organisations to protect their assets in order to allow creativity, innovation, and fair competition to flourish.

The article below will show, in reality, how one major company fights to protect its intellectual property. Read for the continuation to learn how these trademark laws are actually put into practice and its potential drawbacks of oppressive legal enforcement by monopolies.