Hiển thị các bài đăng có nhãn copyrights. Hiển thị tất cả bài đăng
Hiển thị các bài đăng có nhãn copyrights. Hiển thị tất cả bài đăng

Thứ Sáu, 24 tháng 4, 2020

How are intellectual property rights (IPR) infringed?

BY Linh Pham IN , , , , , No comments


Regarding intellectual property law, is copyright infringement theft?
A person’s or company’s \intellectual property rights are infringed when someone else uses their intellectual property in ways that only the intellectual property owner has the right to do.

Here is how the four types of intellectual property can be infringed:
-Copyright is infringed when someone copies, records, publishes, distributes, publicly displays or performs, or makes derivative works of someone else’s creative work without permission.

-Trademark rights are infringed when someone uses a competitor’s trademark (or a confusingly similar one) to brand their own product or service.

-Patent rights are infringed when someone makes, uses, or sells, without permission, an invention for which someone else hold’s the patent.

-Trade secrets are infringed when someone publicly reveals a company’s confidential information.
Depending on each jurisdiction’s laws, there may be certain factors considered or exceptions made when determining whether or not intellectual property rights have actually been infringed.

Source: David Mullich

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Thứ Năm, 30 tháng 8, 2018

Should intellectual property be abolished?

BY Linh Pham IN , , , , No comments


I am assuming your intended question was directed at the legal protections over intellectual property rights (i.e. patentscopyrightstrademarks, trade secrets), and not the literal interpretation that we should stop creating and innovating.

The “value to society of intellectual property as a legally protected right” is an opinion with many views.

My view is that it would reduce the incentive for one to innovate and create. As an inventor, I would no longer share my thoughts and ideas with society so that others could grow them.

Individuals would be at a major disadvantage against larger companies who have more funds to test and revise quickly. An individual would need to protect all secrets until ready to build a final product and hit the market all as once. Because as soon as an innovation was released to the market, hoards of knock-offs would follow, quickly reducing the price, and quality.

As a writer, I would charge much more for my work, since it is free to be copied and sold by others, and value initially diminishes as a work becomes more commonly known.

Artist, Singers, Writers, etc. would be severely limited in what they could gain from their efforts and therefor would have incentive to prevent publishing, recording, and distribution to wider audiences. Inventors would spend time obfuscating their works, and refuse to explain new discoveries or improvement in the arts.





Thứ Ba, 5 tháng 9, 2017

Can I copyright something on behalf of another person?

BY Linh Pham IN , , , , No comments

I’m afraid the Copyright Act beat you to it. Copyright arises automatically under the law at the time a copyrightable work is created and “fixed in a tangible medium of expression” (e.g., drawn on paper, saved in digital format, recorded on tape, etc.). What that means is that your cousin’s logo design was protected by copyright law as soon as she created it, and she has owned the copyright since that time.

What you may be thinking of is the act of registering a copyright with the Copyright Office. Registering a copyright doesn't create the copyright itself — it simply records a person’s claim to a particular copyright with the federal government. (It also provides some very valuable benefits in the event someone infringes the copyright, which is the primary reason most people and businesses do it.) Unfortunately though, you aren't permitted to register someone else's copyright unless you’re acting as the copyright owner’s authorized agent. So, at least assuming you want the gift to be a surprise, the Copyright Office won't permit you to register the copyright in the logo since you don't have your cousin’s authorization. But you certainly can help your cousin do it herself or even ask her for authorization to be her agent for the purpose of registering the copyright.
                                                                                                                                                               
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