The Significance Of Intellectual Property Rights

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By Tony Aaron

Published: December 20, 2009

When you own a creative asset such as design, music, artwork etc, that you have developed yourself, then it can be called as your intellectual property. In order to ensure that no unscrupulous elements misuse your creations and violate your exclusive rights you must know what your rights are and how you can take legal recourse to enforce them.

Intellectual property is generally categorised into two primary types – industrial property like patents, designs and trademarks and copyright, which covers original creations like painting, music, writing etc. The key right that is granted to the person who owns creative property is that of right of use within the framework of law applicable in the particular region or jurisdiction.

The owner is the only person who can authorize another person to use his intellectual property. The right to replicate the work or give it away to the public also rests with the owner. There are other rights as well, which empower the IP owner to raise objection to any change or distortion to his work by people. These rights can be bestowed upon others by going through certain procedures outlined under the law.

These rights seem all encompassing but there are some limitations attached to them. The judicial framework in some nations requires that to be recognised within law as intellectual property the work should be tangible.

Tangible creations have a physical existence and hence are easy to handle in terms of legal enforcement in case of any unauthorised use. But for intangible forms of intellectual property, the scenario is very different and it can often be quite difficult to determine whether a claim of infringement is valid or not. Therefore, it is quite essential to know and understand the rights you have with respect to such creations so that you can reap the benefits – both financial and otherwise – of your original work.

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Tagged with: Business, business value, ideas protection, Intellectual property, IP law, IP lawyer, patents, trademarks

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