6 The Relationship Between Copyright and Other Methods of Protecting Intellectual Property
Intellectual Property, Trademark, and Patents |
Copyright legislation is part of the wider body of law known as intellectual property (IP) which refers broadly to the creations of the human mind. IP rights protect the interests of innovators and creators by giving them rights over their creations.
Intellectual property is the term used for rights – established by law – that empower creators to restrict others from using their creative works. Copyright is one type of intellectual property, but there are many others. To help understand copyright, it is important to have a basic understanding of at least two other types of intellectual property rights and the laws that protect those rights; trademark and patents.
The Convention Establishing the World Intellectual Property Organization (1967) does not seek to define IP, but lists the following as protected by IP rights:
- literary, artistic and scientific works
- performances of performing artists, phonograms and broadcasts
- inventions in all fields of human endeavor
- scientific discoveries
- industrial designs
- trademarks, service marks, and commercial names and designations
- protection against unfair competition
- “all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields”
- Trademark law generally protects the public from being confused about the source of goods and services. The holder of a trademark is generally allowed to prevent uses of its trademark by others if the public will be confused. Examples of trademarks are the golden arches used by McDonald’s, or the brand name Coca-Cola. Trademark law helps producers of goods and services protect their reputation, and it protects the public by giving them a simple way to differentiate between similar products and services.
- Patent law gives inventors a time-limited monopoly to their inventions — things like mouse traps or new mobile phone technology. Patents typically give inventors the exclusive right to make, have made, use, have used, offer for sale, sell, have sold, or import patent-able inventions.
Other types of intellectual property rights include trade secrets and publicity rights as a couple examples.
“Copyright Law”/ Sub Unit 2 by Creative Commons CC BY 4.0
“Understanding Copyright and Related Rights” World Intellectual Property Organization (CC BY 3.0 IGO)
How to Register a Trademark (Canada): Trademarks, Patents and Copyrights – What’s the Difference? CC BY 3.0.