Intellectual property protection - Essay Example

Download file to see previous pages... The scope of the work will cover the conventions in design management and intellectual property rules and processes. In addition to this, relevant elements of international intellectual property law as regulated by the key stakeholders like the World Intellectual Property Organization (WIPO) will be integrated into the study to form the parameters of the discussion
Patents are rights to new or useful ideas (Motro, 2012). Thus, if a designer creates a new idea and a new concept, that individual can seek to register it as a patent. A patent is used for inventions and there is the individual who registers a patent has the general authority or license to confer rights for replication of the design or concept (Cannady, 2010).
The fundamental requirement for a patent registration is that the idea being patented by a designer is new and useful (Dworkin and Taylor, 2011). Thus, in the world of design, as long as a design is useful and new, a designer can register it. The idea must be one that does not exist and it can be attained if a design can be applied in a scientific way or manner.
The advantage of patents over other forms of registration of intellectual property is that it excludes others (Waller, 2011). This protects the legal rights and limits replications through licensing opportunity which brings the inventor royalties (Yu, 2007). This can be easily extended to different nations around the world (Yu, 2007).
The disadvantage of patents on the other hand is that it lasts for only 20 y ears (Waller, 2011). It is expensive to register a patent and the requirements are extremely complicated. There is also a long time requirement for people registering patents.
Another approach to the registration of a design is to use trademarks. Trademarks are however different from patents and might not be applicable to some forms of designs (Bowen, 1994). The essential role of trademarks is that it gives a commercial ...Download file to see next pagesRead More