Legal Terminology - Ders 9
Legal Terminology - Ders 9
Legal Terminology - Ders 9
26.12.2023
Öğr. Gör. Begüm Yiğit
What is "intellectual property"?
Intellectual Property
Creations of the mind, such as inventions, literary and artistic works, brands,
designs, symbols, names and images used in commerce.
By striking the right balance btw. the interests of innovators and the wider public
interest, the IP system aims to foster an environment in which creativity and
innovation can develop.
Features of IP Rights
A. Intangible Property
IP does not cover the created physical object but retains the conceptual
development behind the physical object.
IP does not deal with the material object in which works of the mind
have represented.
It is about a person's ability to produce a new idea and put it before the
public.
Features of IP Rights
B. Territoriality
IP rights are mainly territorial and apply only with the relevant
competence.
D. Limited in Scope
E.g. Rather than excluding third parties from making any use of a
literary work, copyrights excludes third parties from copying and
distributing copies/communicating to the public a literary work.
Features of IP Rights
E. Limited in Time
The term for which IP right continues to exist is different depending on the type of IP
right.
In the case of copyright, this is now 50 or 70 years past the death of the author in
most countries.
F. Duality of IP Legislation
IP legislation is important not only because it creates rights to exclude, but also
because of the limitations it imposes and protections it secures for third parties.
IP legislation include limitations on the scope and duration of different IP rights,
exclusions of certain subject matter from the reach of IP rights and the
protection of certain acts from liability for infringing IP rights.
Features of IP Rights
G. Dynamism
A. Copyright
This can be a scientific paper, literary or musical work, work of fine art
or cinematography.
Unregistered Rights
The protection is for a period of 3 years from the date on which the
design was first made available to the public.
Registered Rights
A. Patents/Utility models
The requirements for acquiring a utility model are less strict than patents.
The length of protection is also different for patents and utility models. You
may protect your invention for 10 years with a utility model whereas
protection is for 20 years with a patent.
Patent name: "Peer to peer information exchange for mobile communications devices".
Jaap Haartsen, 1994
Third Generation Wireless Mobile Telecommunications
Patent name:
"Mobile internet access"
Registered Rights
B. Trademarks
They can include personal names, designs, logos, the shape of the
goods and similarly descriptive means capable of being published
and reproduced by printing.
Registered Rights
C. Industrial Designs
D. Geographical Indications