We are independent & ad-supported. We may earn a commission for purchases made through our links.
Advertiser Disclosure
Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.
How We Make Money
We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently of our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.
Finance

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

What are the Different Types of Intellectual Property Rights Protection?

By Daphne Mallory
Updated: May 17, 2024
Views: 7,480
Share

Copyright, trademark, and patent laws provide intellectual property rights protection to owners of intellectual property. Some rights belong to the owner the moment the person creates the work or acquires an assignment from the original creator of the work, according to common law. Individuals who register their intellectual property rights often have even more protection than what common law can provide. These include protection from others infringing on a created work or patent and protection against others from selling a product in violation of patent or trademark ownership. There are many steps that individuals can take to protect their intellectual property, including providing copyright and trademark notices and renewing rights prior to their expiration.

The owner of a copyrighted work is the only person who has exclusive rights to use and control how the work is used. Those rights are protected by law, and if anyone infringes on those rights, that person is often liable for damages under copyright laws. The person is often ordered by the court to stop his or her use of the work and to turn over materials to the copyright owner. Certain types of works qualify for intellectual property rights protection, and others do not. The work must be fixed in a tangible means of expression, and it’s the expression and not the idea that is often copyrightable.

Trademark protection is another form of intellectual property rights protection wherein the right to use a mark belongs exclusively to the trademark owner. For example, a business owner who has trademarked a logo and a business name is protected by trademark laws from others using the same or similar logo and business name. The owner must show that he actively uses the mark, that the public is confused by the use of a similar mark in the same geographic area or market, and that the mark is being infringed upon by the accused. Trademark registration is not required to obtain protection under the law, but it’s easier to litigate cases when the owner registers a trade or service mark. Trademark laws often allow a plaintiff to claim damages for trademark infringement if the plaintiff can prove that the defendant’s use of the trademark in violation of intellectual property laws was intentional.

Intellectual property rights protection extends to patents, and many issues arise when a patent owner shares his inventions with others during business dealings. For example, an inventor might schedule a meeting with the research and development wing of a large corporation to showcase his prototype and to convince the corporation to license the invention. Patent laws protect the inventor from the corporation copying his invention, either under direct patent infringement laws or the doctrine of equivalents. Patent protection also includes the right to exclude others from using one or more of the patent claims filed to obtain the owner’s patent for his own process or product.

Share
WiseGeek is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.

Editors' Picks

Discussion Comments
Share
https://www.wisegeek.net/what-are-the-different-types-of-intellectual-property-rights-protection.htm
Copy this link
WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.