Friday, January 22, 2010

The Significance Of Intellectual Property Laws

By Tony Aaron

Any inventive or original asset which you have created or designed and possess ownership of, such as, art, music, writing etc is called your intellectual property. In order to prevent others from claiming ownership of or misusing such property, the creator must be aware of his intellectual property rights and must know how to protect his or her rights from people who will try to take undue advantage of them.

Intellectual property can be broadly classified into two main categories - industrial property such as industrial designs, patents and trademarks and copyright, which covers creations of the mind like music, painting, and design. The primary right that is granted to the person who owns creative property is that of right of use within the purview of the legal framework applicable in the particular region or jurisdiction.

This implies that the creator holds the sole right to use his creation or to allow use of his creation by another. The privilege to reproduce the work or distribute it to the public also rests with the owner. There are other rights as well, which empower the IP owner to register complaints against any alteration or distortion to his original work by people. By following certain legal formalities these rights can also be transferred to another person by the owner.

These rights seem all inclusive but there are some limitations attached to them. The judicial framework in some countries demands that to be acknowledged by law as intellectual property the creation must be tangible.

Tangible works have a physical presence and hence are easy to manage in terms of legal enforcement in case of an infringement. But for intangible assets like ideas and concepts, a somewhat different approach is required as they require a much more comprehensive evidence that infringement has taken place. Therefore, it is important to fully understand the several legal aspects you have at your disposal with respect to your intellectual property so that you can enjoy the benefits that law gives to you.

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