(надран из википедии и сокращен)
Intellectual property (IP) is a number of distinct types of legal rights over creations of the mind, both artistic and commercial, and the corresponding fields of law. Common types of intellectual property include copyrights, trademarks and industrial design rights.
Copyright
Copyright is a form of intellectual property that gives the author of an original work exclusive right for a certain time period in relation to that work.
Copyright applies to any expressible form of an idea that is fixed in a medium. Copyright does not cover ideas themselves, only the form in which they are expressed. Typically, a work must meet minimal standards of originality in order to qualify for copyright. Copyright does not cover intellectual property such as names and slogans or mere variations of typographic ornamentation, lettering, or coloring. This is what trademarks are for.
The copyright expires after a set period of time. In particular, in Russian Federation copyright is protected during 70 years after the creator's death. In all countries where the Berne Convention standards apply, copyright is automatic, and need not be obtained through official registration with any government office. Once an idea has been published in a fixed medium (such as a drawing, photograph, or a computer file), the copyright holder is entitled to enforce his rights.
The owner can do several things with his copyrighted work:
produce and sellcopies or reproductions
create derivative works
perform or display the work publicly
sell or assign these rights to others
transmit or display by radio or video
In many countries, copyright law makes exceptions to these restrictions when the work is copied for the purpose of commentary(«fair use»).
Trademark
A trademark is a distinctive sign or indicator used by businesses to distinguish its products or services from those of other companies. A trademark is typically a name, logo, symbol, image, color or a combination of these elements
A trademark is designated by the following symbols:™ for an unregistered trademark ® for a registered trademark.
In certain countries rights may be automatically established through actual use in the marketplace, in others through registration of the mark with the trademarks office. Registration is not required, but an unregistered mark may be protectable only within the geographical area within which it has been used. Certain countries like Russian Federation and China do not recognize trademark rights arising through use.
However, some things, such as ornate logos, may qualify for both trademark and copyright protection, if the amount of original authorship in a mark is significant.
A registered trademark confers a number of exclusive rights upon the owner, including the right to exclusive use of the mark in the entire field of service. These rights will cease if a mark is not actively used for a period of time, normally 5 years in most most countries.
Industrial design rights
Industrial design rights are intellectual property rights that protect the visual side of utilitarian objects. In graphic design, industrial design rights can apply to innovative packaging, 3d models, fonts and computer icons.
Industrial design must always be registered in the intellectual property office before it can be protected. To qualify for protection, it must be novel, unique and have practical utility.
суббота, 26 декабря 2009 г.
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