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About Intellectual Property

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Basic Knowledge

Intellectual Property (IP) refers to property rights created through intellectual activity.

COPYRIGHT

TRADEMARK

PATENT

TRADE SECRET

INDUSTRIAL DESIGN

Patent

Patents are designed to protect inventions

Define

A patent is a legal right that grants the patentee exclusive rights to his invention for a certain period of time (usually 20 years). The patentee has the right to prohibit others from making, using, selling, promising to sell or importing the invention without a license.

Type

Types of patents include inventions, utility models and designs.

Apply

Patent application is a complex process involving multiple steps, and global protection of patents requires separate applications in different countries and regions. Once a patent for an invention has been accepted by the patent office, the patent office will examine it to determine whether the invention meets the requirements of novelty, inventiveness and utility.

Validity Period

Granted patents are usually protected for a period of 20 years from the date of filing. During this period, the patentee is required to pay annual fees to keep the patent in force.

Trademark

A trade mark is a symbol, sign or name used to identify and distinguish the source of goods or services. Trademarks can be words, graphics, letters, numbers, 3D marks and even sounds and colors.

Registration

  • Registration
  • Term
  • Use
  • Right
  • Infringement
Registration

Trademarks usually need to be registered with the trademark office of the appropriate country or region. If the application is accepted, the trademark office will conduct an examination to determine whether the trademark will be confused with an already existing trademark.

Term

In most countries and regions, trademarks are protected for a period of 10 years and can be renewed indefinitely as long as they continue to be used and renewed as required.

Use

In order to keep your trademark valid, you need to actually use it in business. If you don't use your trademark, you may lose your rights to it.

Right

Registering a trademark gives you the right to prevent others from using the same or similar mark for the same or similar goods or services if doing so might confuse consumers.

Infringement

If someone is using a registered trademark without permission, this is usually considered trademark infringement. In this case, the trademark owner can take legal action to protect his or her rights.

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Trade Secret

A trade secret is an important asset in a business that can provide a competitive advantage. It can be in the form of documents, data, etc. Information can be considered a trade secret as long as it has economic value to the enterprise and the enterprise takes reasonable measures to protect it from disclosure.

Type

Trade secrets can include a range of information such as product structure, manufacturing processes, prescriptions, clinical strategies, marketing strategies, customer lists, pricing information, and so on.

Protect

Unlike patents, trademarks and copyrights, trade secrets do not need to be registered to be protected. However, businesses need to take reasonable steps to protect this information from disclosure.

Term

Trade secrets are protected indefinitely as long as the information is not disclosed. Once the information is disclosed, the protection of the trade secret ends.

Infringement

If someone obtains a trade secret through improper means, such as theft, bribery, or breach of a confidentiality agreement, this is usually considered trade secret infringement. In such cases, the owner of the trade secret can take legal action to protect his or her rights.

Common Links

1. Basic Introduction to Intellectual Property from the International Intellectual Property Office - English version: What is Intellectual Property? (wipo.int)
2. Introduction to Patent Basics from the U.S. Patent Office - English version: Patent basics | USPTO
3. 14 Famous Patent Infringement Cases that changed US Patent Law： https://www.greyb.com/blog/famous-patent-infringement-cases/
4. Moderna v. Pfizer: What the Patent Infringement Suit Means for Biotech: Moderna v. Pfizer: What the Patent Infringement Suit Means for Biotech (hbr.org)