There are various types of intellectual property. Some of the more common types are patents, industrial designs, trade marks, and copyright. To illustrate the differences between the different types of intellectual property, let us assume that protection is sought for a new type of fan for circulating air.
Patent protection is generally available for an invention. That is, any new and useful art, process, machine, manufacture or composition of matter, or any new and useful improvement therein. In our example, the fan may have a new type of motor, or a new co-operation between the parts, which could be properly the subject of patent protection.
Industrial design protection applies to visual features of a finished article made by hand, tool or machine. These features include the shape, configuration, pattern or ornament of an article or any combination of these. Thus, industrial design protection may be available if the fan has one or more of these unique features.
A Trade Mark is a word, series of words, design, or some combination thereof, used by a person to distinguish his goods or services from those of others. If available, the owner might consider the word FANTASIA, with or without design features, or a somewhat less descriptive or suggestive trade mark.
Related to trade marks are trade names and domain names. In this case the owner might set up a company called Fantasia Inc. or Fantasia Products Inc. He might also register the domain name fantasia.com or fantasia.ca and create a website where visitors could view his new type of fan, and order it online. His email address could be "owner@fantasia.com" or "owner@fantasia.ca".
Copyright subsists in every original literary, dramatic, musical and artistic work. The manuals describing the fan and the drawings of the fan, for example, could be protected by copyright.
As can be seen, a single product or innovation may involve one or more types of intellectual property. An intellectual property professional can advise you with respect to this area of the law.
Copyright © R. William Wray & Associates 1995-2007 All rights reserved.
The comments contained herein provide a brief overview only and should not be regarded or relied upon as legal advice or opinion.
01/2007
