Ch8. Intellectual Property Law — The Law That Protects Ideas

What Is Intellectual Property?

Intellectual Property (IP) refers to the rights that protect intangible results of human intellectual and creative activity.

The Four Pillars of IP:

Patent      — Technical ideas (inventions)
Trademark   — Brand identifiers
Copyright   — Expression of creative works (arises automatically)
Design Right — External appearance of products

Patents

What Patents Protect

An invention = a highly advanced creation of technical ideas utilizing natural laws.

Patent Requirements:
1. Industrial applicability
2. Novelty: not publicly known or used before the filing date
3. Inventive step: not obvious to a person skilled in the art ★★★

Non-patentable subject matter:
- Natural laws themselves (mathematical formulas)
- Mere discoveries
- Contrary to public order or morality

Patent Application and Term

Exclusive right to practice the invention for 20 years from the filing date

Patent Procedure:
Filing → Formal examination → Publication (18 months after filing) → Substantive examination → Registration

Scope of Patent Rights

Only the patent holder may commercially practice the patented invention.

"Practice" includes: manufacture, use, sale, lease, import, display

Patent Infringement Remedies:
Civil: injunction + damages
Criminal: up to 7 years imprisonment or a fine (varies by jurisdiction)

Trademarks

What Trademarks Protect

A trademark = signs, letters, figures, colors, etc. used to distinguish one party’s goods from another’s.

Functions of a Trademark:
Indication of origin: where a product comes from
Quality guarantee: expectation of consistent quality
Advertising: building brand image

Non-Registrable Trademarks:
- Lacking distinctiveness (e.g., "Apple" for selling apples)
- Symbols of public authority (national flags, medals)
- Deceptive trademarks
- Confusingly similar to another registered trademark

Trademark Term

10 years from registration date (unlimited renewal possible)
→ Effectively perpetual monopoly possible

Trademark vs. Service Mark

Trademark: used on goods
Service mark: used for service businesses (e.g., restaurant names)
Currently unified under trademark law in most jurisdictions

Copyright

Key Feature: Automatic Protection Without Registration

Copyright arises automatically upon creation!
No separate registration needed (registration is optional, for evidentiary purposes)

What Copyright Protects

A work = a creative expression of human thought or feeling.

Types of Works:
Literary: novels, poems, papers, lecture notes
Musical: compositions, sheet music
Dramatic: stage performances, films
Artistic: paintings, sculptures, crafts, calligraphy
Architectural: buildings, blueprints
Photographs
Computer programs

Not Protected:
- Ideas themselves (only expression is protected)
- Facts, news facts
- Statutes and official notices

Content of Copyright

Moral Rights (non-transferable):
- Right of disclosure
- Right of attribution
- Right of integrity

Economic Rights (transferable/licensable):
- Reproduction right
- Performance right
- Public communication right (broadcast, transmission, digital audio streaming)
- Display right
- Distribution right
- Right to create derivative works

Copyright Term

Author's lifetime + 70 years after death

Works made for hire: 70 years from publication
Audiovisual works: 70 years from publication

Fair Use (Limitations on Copyright)

Uses permitted even of copyrighted works:
- Private use (non-commercial, personal)
- Copying for educational purposes
- Use for news reporting
- Commentary, criticism, parody (satire)
- Accessibility for persons with disabilities

Design Rights

A design = a creation of aesthetic appeal through visual perception, achieved by the shape, pattern, color, or combination thereof of an article.

Design Registration Requirements:
1. Industrial applicability
2. Novelty
3. Creativity (lower standard than patent's inventive step requirement)

Term: 20 years from registration date

Comparison of the Four IP Rights

	Patent	Trademark	Copyright	Design Right
Protected Subject	Technical invention	Identifying sign	Creative expression	Product appearance
Registration	Required	Required	Not required	Required
Term	20 years	10 years (renewable)	Life + 70 years	20 years
Governing Authority	Patent Office	Patent Office	Ministry of Culture	Patent Office

Trade Secrets

Beyond the four IP rights, trade secrets protected under unfair competition prevention law are also an important tool.

Trade Secret Requirements:
1. Not publicly known
2. Independent economic value
3. Reasonable measures taken to maintain secrecy

Duration of Protection: unlimited (as long as kept secret)
Infringement: civil damages + criminal penalties (up to 10 years imprisonment, varies by jurisdiction)

Patent: protects inventions, 20 years / Trademark: identifying sign, 10 years (infinite renewal) / Copyright: protects expression, life + 70 years (no registration required) / Design: appearance, 20 years

Copyright = ideas are not protected, only expression is

Trademark term is short but renewable indefinitely — the reason Coca-Cola and other iconic logos last forever