Intellectual property Essay Example for Free

Intellectual property Essay What is intellectual property? â€Å"To give an identification means to understand†,- said an ancient philosopher. So, usually we understand intellectual property as totality of rights for results of intellectual activity (works, phonograms, inventions, etc) and means of individualization (trade marks, company name, etc). Objects of intellectual property often divide into several groups: 1) objects of copyrights (science, literature, art works, including databases and computer programs); 2) objects adjoining rights (phonograms, TV and radio programs, etc); 3) objects of patent rights (inventions, useful models, industrial examples, etc); 4) means of individualization (trade marks and service marks, company names, names of commodity origin, etc); 5) non-traditional objects (selective innovations, topologies of integral micro schemes, rationalization proposals). Intellectual property can be called a kind of asset, so in this quality you can buy it, sell, license, exchange it or to give without compensation, as any other kind of property. Besides, the owner of intellectual property has right to forbid illegal usage or sale of that definite property. Still, intellectual property is â€Å"invisible†, so in order to become registered, it should be expressed in some discernible way. Trade marks for brand identity for goods and services first of all are used to indicate the source of goods or services and to distinguish goods and services from the other. Trade marks also symbolize quality of goods or services, they are used together with. Majority of them are expressed in words, but they can be anything, what distinguish one product from the other, they can be expressed as symbols, logotypes, sounds, designs or even distinguishable non-functional configurations of products. The term of registration has definite period, but because of fundamental aims of trade marks (to avoid public confusion, to stimulate competition and protect interests of owners) – registration can be renewed and in such a way to be prolong infinitely, while those trade marks are used. What are the rights? The owner of trade mark can prohibit to others to use a similar trade mark in case such usage, probably, will arouse confusion in minds of consumers. Let’s remember trademark of Panasonic, Sony, or Nike and Reebok. All these are trademarks. So, a consumer, buying production of those companies, buys also quality of production, brand name and fashion. There are other companies (mostly Chinese/Vietnamese), which produce fake, but use principle of similar pronunciation of well-known brand names. For example, they produce tape-recorders with brand name Panassonic, Sonny, or shoes with logotype Reaboc or Nikee. Those companies cause great losses to real companies Panasonic, Sony, Nike etc. â€Å"A recognized brand name or trade mark represents the goodwill that has been built into the product or service. Consumers tend to associate the recognized brand name or trade mark with certain characteristics that are specific to that name or mark. Therefore, companies often spend millions of dollars annually for safeguarding the investment in the related intellectual property rights. † (Intellectual Property Website). The problem is that different countries have their own legislation regarding intellectual property, what created difficulties for identification of intellectual property in common. Still, such registration of intellectual property should exist, because it is a presumable evidence of validity of trade mark and rights of its owners to use that trade mark. It is also fixed in national register of trade marks, notifying the whole world that owner uses such trade mark and has right of property. That trade mark should be distinguishable; it means trade mark must have possibility to distinguish goods or services of that definite trade mark from other services or goods. It can include any original combination of letters, figures or other symbols, colors or musical sounds. There are a lot of kinds of trade marks (trade marks, which was created specially – KODAK for photo-materials, XEROX for photocopy equipment, PEPSI for non-alcoholic drinks; voluntary trademarks – APPLE for computers or DOVE for soap, to mention a few) Trade marks for brand identity for goods and services can be very valuable asset. For example, it is well-known that German car manufacturer BMW bought British car company ROVER first of all to get its set of desirable trademarks, including LAND ROVER, RANGE ROVER, TRIUMPH, AUSTIN, MGB, etc. From the other side, trademark can be almost useless, in case it is associated with bad quality. I think that we shouldn’t copy intellectual property, as far as the idea is also a kind of property and brings profit to its owner. In case a person copies intellectual property, he acts as unfair competitor and causes losses to the owner of intellectual property. Works Cited: 1. Intellectual Property Website, Why care about intellectual property rights? October 30, 2004 [online] http://www. brint. com/IntellP. htm.