Industrial property is one of two subsets of intellectual property (the other being copyright). It can take many forms, including patents for inventions, industrial designs (aesthetic creations related to the appearance of industrial products), trademarks, service marks, layout designs of integrated circuits, commercial names and designations, geographical indications, and protection against unfair competition. In certain circumstances, components of intellectual production, while existing, are less precisely defined. The industrial property comprises signs that transmit information, particularly to customers, about market items and services. Protection is provided against the unlawful use of such signs that might mislead customers, as well as against deceptive activities in general.

The Paris Convention defines the broad use of the term “industrial property.” Industrial property laws are part of the larger body of law known as intellectual property (IP), which refers broadly to human mind inventions. By granting them rights over their works, intellectual property laws defend the interests of inventors and creators. The Convention Establishing the World Intellectual Property Organization (1967) does not attempt to define intellectual property, but it does mention the following items as being protected by IP rights: literary, artistic, and scientific works; performances by performing artists, phonograms, and broadcasts; inventions in all fields of human endeavor; scientific discoveries; industrial designs; trademarks, service marks, and commercial names and designations; protection against unfair competition; and “all other rights resulting from intellectual activity in any field.”

Countries often have IP rules in place for two reasons:

• To provide legislative expression to creators’ and innovators’ rights in their creations and inventions, while keeping the public interest in accessing creations and innovations in mind;
• To encourage creativity and innovation to contribute to economic and social progress.

History

The necessity of preserving industrial property was acknowledged in the Paris Convention for the Protection of Industrial Property in 1883 and the Berne Convention for the Protection of Literary and Artistic Works in 1886. The World Intellectual Property Organization oversees both accords (WIPO). The World Intellectual Property Organization offers a platform for its member countries to develop and unify laws and procedures for safeguarding intellectual property rights, including industrial property. It aids its member countries in building IP systems through treaty negotiations, legal and technical assistance, and other types of training, notably in the field of IP enforcement. It provides worldwide registration systems for trademarks, industrial designs, and appellations of origin, as well as an international filing system for patents.

Patents for innovation

Patents, often known as innovation patents, are the most common method of securing technological inventions. The patent system is intended to promote innovation and the transfer and diffusion of technology, to the joint benefit of inventors, users of innovations, and the general public. Once a patent is awarded by a state or a regional authority acting on behalf of multiple states, the owner of the patent has the right to restrict others from financially exploiting the innovation for a set length of time, usually 20 years. To receive protection, the patent applicant must reveal the invention, and their rights may only be enforced inside the jurisdiction in which the patent was awarded.

Patentees

The person to whom a patent is given is known as the patentee, patent owner, or patent holder. Once a patent is awarded for a certain nation, anybody who desires to commercially exploit the innovation in that country must seek the patentee’s permission. In general, anyone who uses a patented innovation without the permission of the patentee is breaking the law. Protection is provided for a short time, usually 20 years. When a patent expires, the innovation enters the public domain (sometimes known as being “off-patent”). The patentee no longer has exclusive rights to the innovation, which is now open for economic use by others.

A patent grants some rights,

The rights granted by a patent are detailed in the patent legislation of the nation where the patent is awarded. The exclusive rights of the patent owner often include the following:

• The right to restrict third parties from creating, using, offering for sale selling the product, or importing it for these reasons, in the case of a product patent; and
• The right to prevent third parties from utilizing the process without the owner’s approval; and the right to prevent third parties from using, offering for sale, or selling the goods acquired directly by that process, or importing them for these reasons, without the owner’s consent.

Protections

Geographical indications are protected by national laws in a variety of ways, including unfair competition laws, consumer protection laws, laws protecting certification marks, and specific laws protecting geographical indications or appellations of origin. In essence, unauthorized parties may not utilize geographical indicators in situations where they are likely to deceive the public about the genuine origin of the goods. Sanctions available vary from court injunctions to the payment of damages and penalties, or, in severe circumstances, imprisonment.

Protection from unfair competition

Article 10 bis of the Paris Convention requires member nations to provide safeguards against unfair competition. According to this article, the following actions of competition are prohibited under fair trade and industry practices:

• All acts that cause misunderstanding with a competitor’s establishment, commodities, or industrial or commercial activity;
• False claims made in the course of business with the intent of discrediting a competitor’s establishment, commodities, or industrial or commercial activity; and
• Indications or charges that, when used in the course of commerce, have the potential to mislead the public about the attributes of specific commodities.

Unfair competition protection is in addition to the protection of patents, industrial designs, trademarks, and geographical indications. It is especially crucial for the preservation of knowledge, technology, or information that is not patentable but may be necessary to make the best use of a patented invention.

References

Industrial property – Wikipedia

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