Intellectual Property Law

Intellectual Property Law

25 August 2007

The state of Intellectual Property Law and the current debate in modern society

Intellectual property refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.

Intellectual property is divided into two categories: Industrial property, which includes inventions (patents), trademarks, industrial designs, and geographic indications of source; and Copyright, which includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programs. (What is Intellectual Property)

Intellectual property laws cover a vast array of situations in which it can be applied. Whereas property has, in the past, been defined as a tangible asset, i.e. land, a home or structure, an article of clothing, or some other kind of tangible or physical item, intellectual property is quite different. The controversy lies with the fact that the term is so broadly defined that it leaves quite a lot of room for interpretation. It seems everyone with a patent of any kind believes that they are protected under intellectual property law, when in fact the way the law, as it is applied, is not always “cut and dry”. In fact, just about everything we come in contact with on a daily basis, has its origin somewhere in our history. Therefore it is often very difficult to have an original thought or process.

Intellectual property on the other hand is not always a tangible asset. Intellectual property can be a form of expression, however