[IP Topic Essay | Novice Policy Textbook]
- Counterfeit
- Definition: Made in exact imitation of something valuable with the intention to deceive or defraud.
- Example: Fake designer handbags sold as if they were the real brand.
- Copyright
- Definition: A legal right that grants the creator of original work exclusive rights to its use and distribution.
- Example: An author’s exclusive right to print, publish, and sell their book.
- Copyright Duration
- Definition: The length of time a copyright lasts, generally the life of the author plus 70 years.
- Example: A song written by a musician will be protected for their lifetime and 70 years after they pass away.
- Copyright Infringement
- Definition: The use of works protected by copyright law without permission, infringing certain exclusive rights granted to the copyright holder.
- Example: Downloading and sharing movies online without paying for them.
- Copyright Office
- Definition: A government office that handles the registration of copyrights.
- Example: The U.S. Copyright Office where authors can register their works.
- Creative Commons
- Definition: A nonprofit organization that provides free licenses for creators to use when making their work available to the public.
- Example: A photographer using a Creative Commons license to allow others to use their photos under certain conditions.
- Derivative Work
- Definition: A new, original product that includes aspects of a preexisting, protected work.
- Example: A movie adaptation of a popular book.
- Deterrent
- Definition: A thing that discourages or is intended to discourage someone from doing something.
- Example: Strict penalties for illegal downloading act as a deterrent.
- Digital Rights Management (DRM)
- Definition: A set of access control technologies used by copyright holders to limit the use of digital content and devices.
- Example: E-books that cannot be printed or copied.
- Enforcement
- Definition: The act of compelling observance of or compliance with a law, rule, or obligation.
- Example: Police arresting people for selling counterfeit goods.
- Exclusive Rights
- Definition: Rights granted to the creator or owner of intellectual property to exclude others from using, selling, or distributing their creation.
- Example: Only the creator of a new software program can sell it.
- Fair Use
- Definition: A legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances.
- Example: Quoting a short passage from a book in a school report.
- Geographical Indication
- Definition: A sign used on products that have a specific geographical origin and possess qualities, reputation, or characteristics inherent to that location.
- Example: Champagne, which can only come from the Champagne region of France.
- Industrial Design
- Definition: The ornamental or aesthetic aspect of an article. The design may consist of three-dimensional features, such as the shape of an article, or two-dimensional features, such as patterns, lines, or color.
- Example: The unique shape of a sports car.
- Innovation
- Definition: The introduction of new ideas, methods, or products.
- Example: Developing a new smartphone app.
- Infringement
- Definition: The action of breaking the terms of a law, agreement, or right.
- Example: Using someone else’s logo for your business without permission.
- Intellectual Property
- Definition: Creations of the mind, such as inventions, literary and artistic works, and symbols, names, and images used in commerce.
- Example: A new invention, like a unique type of headphones.
- Intellectual Property Audit
- Definition: A systematic review of a company’s IP assets and related agreements.
- Example: Checking all patents and trademarks a company owns to ensure they are up to date.
- Intellectual Property Law
- Definition: The area of law that deals with protecting the rights of those who create original works.
- Example: Laws that protect a musician’s songs from being copied.
- Intellectual Property Theft
- Definition: The act of stealing someone’s intellectual property, including ideas, inventions, and creative expressions.
- Example: Copying and selling software without the creator’s permission.
- Jurisdiction
- Definition: The official power to make legal decisions and judgments.
- Example: A court’s authority to rule on a case involving trademark infringement.
- Licensing
- Definition: The granting of permission to use intellectual property rights, such as trademarks, patents, or technology, under defined conditions.
- Example: Allowing a toy company to use a popular cartoon character on its products.
- Litigation
- Definition: The process of taking legal action.
- Example: Suing a company for patent infringement.
- Moral Rights
- Definition: Rights of creators of copyrighted works to have their work attributed to them and to object to any derogatory treatment of their work.
- Example: An artist’s right to be credited for their painting.
- Non-disclosure Agreement (NDA)
- Definition: A legal contract between at least two parties that outlines confidential material, knowledge, or information that the parties wish to share with one another for certain purposes but wish to restrict access to or by third parties.
- Example: A startup company requiring employees to sign an NDA to protect its new ideas.
- Orphan Works
- Definition: Works for which copyright holders are unknown or cannot be located.
- Example: A book published long ago with no traceable author.
- Patent
- Definition: A form of intellectual property that gives the patent holder exclusive rights to a particular invention or process for a certain period.
- Example: A new type of battery for electric cars.
- Patent Attorney
- Definition: A lawyer who has specialized qualifications necessary for representing clients in obtaining patents and acting in all matters and procedures relating to patent law and practice.
- Example: A lawyer who helps inventors file for patents.
- Patent Claim
- Definition: The part of a patent application that defines the scope of protection granted by the patent.
- Example: A detailed description of what the invention covers in the patent document.
- Patent Cooperation Treaty (PCT)
- Definition: An international patent law treaty that provides a unified procedure for filing patent applications to protect inventions in each of its contracting states.
- Example: Filing a single patent application that can be used to seek protection in multiple countries.
- Patent Examiner
- Definition: A person who examines patent applications to determine whether they meet the requirements for patentability.
- Example: A government official who reviews patent applications.
- Patent Expiry
- Definition: The date at which a patent is no longer in force, typically 20 years from the filing date of the application.
- Example: After 20 years, a patented drug can be produced by other companies.
- Patent Infringement
- Definition: The commission of a prohibited act with respect to a patented invention without permission from the patent holder.
- Example: Selling a product that uses a patented technology without authorization.
- Patent Office
- Definition: A government agency that issues patents to inventors and businesses for their inventions.
- Example: The United States Patent and Trademark Office (USPTO).
- Patent Pending
- Definition: A phrase that indicates that a patent application has been filed but not yet granted.
- Example: A new gadget labeled “patent pending” while waiting for patent approval.
- Patent Portfolio
- Definition: A collection of patents owned by a single entity, such as a company or individual.
- Example: A tech company holding multiple patents for its various innovations.
- Patentable
- Definition: Qualifying for a patent; an invention that is novel, non-obvious, and useful.
- Example: A new medical device that meets the criteria for a patent.
- Piracy
- Definition: The unauthorized use or reproduction of another’s work.
- Example: Downloading and distributing a movie without permission.
- Plagiarism
- Definition: The practice of taking someone else’s work or ideas and passing them off as one’s own.
- Example: Copying text from a website into a school essay without giving credit.
- Prior Art
- Definition: All information that has been disclosed to the public in any form about an invention before a given date that might be relevant to a patent’s claims of originality.
- Example: Previous research papers and patents that show an invention is not new.
- Public Domain
- Definition: Works whose intellectual property rights have expired, have been forfeited, or are inapplicable.
- Example: Classical music compositions by composers like Mozart.
- Royalty
- Definition: A payment made to the owner of a patent or copyright by those who wish to make use of it.
- Example: A singer receiving royalties each time their song is played on the radio.
- Sui Generis
- Definition: Unique, of its own kind, in a class by itself.
- Example: The design of a famous landmark like the Eiffel Tower.
- Trade Secret
- Definition: A type of intellectual property comprising formulas, practices, processes, designs, instruments, patterns, or compilations of information not generally known or reasonably ascertainable.
- Example: The secret recipe for a popular soft drink.
- Trademark
- Definition: A symbol, word, or words legally registered or established by use as representing a company or product.
- Example: The Nike swoosh logo.
- Trademark Infringement
- Definition: The unauthorized use of a trademark or service mark on competing or related goods and services.
- Example: Selling shoes with a logo similar to Nike’s without permission.
- Trademark Registration
- Definition: The process of legally registering a trademark with the appropriate government authority.
- Example: A company registering its logo with the U.S. Patent and Trademark Office.
- Utility Patent
- Definition: A patent that covers new and useful inventions or discoveries.
- Example: A patent for a new type of smartphone battery that lasts longer.