Intellectual property, or IP for short, is an important component to the rights of individuals and collectives alike. What is IP, and why exactly is it so widely important? Read on for the scoop.
The Basics of IP
Intellectual property is property that someone created and claimed and which therefore inherently belongs to them by way of the law. Intellectual property can include artistic works, music, inventions, symbols, names, and even images. To garner the protection of the law with regard to such property, one must have first proven ownership and/or filed for such ownership with the proper authorities.
Chiefly, The US Patent and Trademark Office, or USPTO, is the government agency in charge of these matters. The names of the protective “labels” then placed on protected IP by this agency are patents, trademarks, and copyrights. One example of an IP protection, the patent, involves claiming ownership over some sort of invention or process. This protection usually lasts for 20 years before re-application by the right-holder must be filed and processed.
Another protection example is that of trademarking which involves the legal right to mark a product or good with a symbol, solely usable by the right-holder, to distinguish those particular wares as being authentically from that particular company. Similarly, copyrights are yet another legal protection governing who may or may not copy, utilize, and distribute a particular work or ware. Violations of the laws surrounding intellectual property are also taken seriously and can draw civil as well as criminal consequences.
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The History of IP
Throughout history, individuals and companies alike have utilized many different modes of marking and claiming wares as discussed above. Glassblowers, blacksmiths, and even writers, with a wax seal, were known to create and mark their wares with unique “signatures” or “maker’s-marks.” There have also been various legal and government decrees throughout the world in history honoring and upholding such claims and even dismissing their legal plausibility altogether. In the US, the history of IP has been a bit less contentious. This is especially true with the creation of a central authority to handle the matter – the USPTO.
The USPTO was created in 1975 and was designated to handle the world of intellectual property from a centralized, legal, and organized position. Since that time, the agency has successfully served this interest and even grown in size and accessibility to the public.
Legal Enforcement Today
Legal enforcement of violations of IP law varies depending on the attributes of the violation. If the violation is between a victim and an accused party who both operate within the US, the legal process is much more clear with civil and criminal consequences being possible if proven. On the other hand, cases of international violations in which both involved parties do not operate or reside within the US, the process can become much more complicated. This is because some countries agree with US and international laws on IP and will then cooperate with the matter, while other countries do not so easily cooperate in any such investigations or punishments. US-China tariffs are a modern example of issues that present when such international disagreement on IP prevails.
IP is an important area of rights and their protections for us all. This is even more so as globalization continues and commerce and interaction across the globe grow. These are the basics of intellectual property today, and for more information on the world of IP and its governing laws, the US Patent and Trademark Office is the best resource with which to inquire further.