Whether you are a business owner or professional, we are certain the phrase intellectual property has come up at some point. In this article, we highlight the main types of intellectual property.
Different types of intellectual propertyIntellectual property can take many forms, and each form is protected differently. Intellectual property is protected by intellectual property rights
1. Copyright

Copyright protects creative works such as but not limited to- photographs, artwork, images etc. It protects the expression of an idea, not the idea itself. For example, if one invents blue ice and write about it, copyright does not stop anyone from replicating one’s invention. It stops people from reproducing my article. Copyright starts with the author. Who actually owns copyright can vary with the circumstances, especially when works are created for others.
3. Trademarks

Trademarks concern protection for one’s branding. They are an indication of the source and quality of the goods or services. While wordmarks and logos are the most common types of trademarks, things like colour, sound, and shape can be registered. So yes, those funny looking squiggles can be trademarked. Trademarks can be unregistered or registered, but registered marks give more protection and are more easily enforced. If one  brand’s one’s  ice cooling device as “icecool”, one can market it as the icecool® icecooling device to distinguish it from the competition on the market.
4. Patents

A patent stops others from making your invention. So if  one  patent’s the cool invention, no one else can make the cold fusion device for the stipulated time unless they agree to pay royalties.
5. Trade secrets

The concept of a trade secret is quite simple.One  just won’t tell anyone how I make my ice cool device. Trade secrets work well if the invention can’t be reverse engineered. The formula for Coca-Cola or KFC chicken  iare good example. It requires a careful, well planned approach to keep it confidential both in practice and in the eyes of the law. Trade secrets are usually protected by non-disclosure agreements.The sooner, the betterIt is important to consider how to best protect your IP as early as possible. Some aspects can be dealt with contractually. That can be done at any time, but it is much easier to get other parties to cooperate at an early stage. While trademarks can be filed at any time, sooner reduces the risk that someone else will file something similar before you do. Patents can’t be filed at all any later than one year after they become public.
Side bar:

• Patent infringement occurs when a legally protected patent is used by another person or company without permission.

 • Copyright violations occur when an unauthorized party recreates all or a portion of an original work, such as a work of art, music, or a novel. The duplicated content need not be an exact replica of the original to qualify as an infringement. Common examples of copyright violations can be seen when a viral reel, or content is used for marketing without the owner’s permission and/ or checking the type of license and terms of use etc

• Trademark infringement occurs when an unauthorized party uses a licensed trademark or a mark resembling the licensed trademark. For example, a competitor might use a mark similar to its rival's to disrupt business and attract their customer base. Also, businesses in unrelated industries may use identical or similar marks in an effort to capitalize on other companies' strong brand images

Need help with your  intellectual property rights issues? Contact your intellectual property attorneys today! We have over 10 years experience #ip law #intellectualproperty#lawyerinJamaica