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Trademarks are one of the key areas of intellectual property that a firm will want to protect. A trademark is defined as a "word, phrase, symbol and/or design that identifies and distinguishes the source of the goods of one party from those of others" (USPTO, 2014). Thus, the trademark is often a company's brand or the symbol associated with the brand. For example, the company name Nike is a trademark and the swoosh symbol is also a trademark, as both specifically identify the Nike company brand.
Trademarks are protected on the basis of each individual country, and the protections afforded by each country can vary significantly. In many parts of the world, trademark protections are minimal. The result is that goods are routinely knocked off. The trademark being synonymous with the brand, inferior goods bearing your company's trademark will surely devalue the brand - the caveat being that the consumer almost surely knows that a $20 Louis Vuitton handbag or Rolex watch is not the real thing. This does not result in diminishment of the brand, but in most places is still very much illegal. In general, a company needs to file for trademark protection in every country, and then in most cases will need to renew that protection. Sometimes renewal comes...
The principle behind renewal is that a trademark can expire at such time as the business has gone out of business and that mark is no longer associated with any ongoing enterprise.
Trademark protection is critical for branding. The point of branding is to distinguish your company from your competitors, so if two competitors have similar names and trademarks, there could be confusion within the marketplace, and that confusion could be damaging to one or both parties. The trademark office typically has enforcement powers to compel one company to discontinue using branding that infringes on the established trademark of another company.
Part II. A trade secret is defined by the World Intellectual Property Organization as "any confidential business information which provides an enterprise a competitive edge" (WIPO, 2014). This definition is purposefully vague, because trade secrets almost never have any intellectual property protection. WIPO argues that "unauthorized use of such information by persons other than the holder is regarded as unfair practice and a violation of the trade secret." In other words, boo hoo. There is nothing expressly illegal about using trade secrets, as…
References
USPTO. (2014). Trademark, patent or copyright? U.S. Patent and Trademark Office. Retrieved November 7, 2014 from http://www.uspto.gov/trademarks/basics/definitions.jsp
WIPO. (2014). What is a trade secret? World Intellectual Property Organization. Retrieved November 7, 2014 from
Intellectual Property and Corporate Espionage Corporate espionage is an illegal activity though it is on rise in industrial settings. Organizations consider it as one of the techniques to increase their market share and beat the competitor. Various laws have been approved to combat these practices on domestic and international levels. Violation of these acts can result is heavy fines and suspension from business sector. The advent of information technology has revolutionized the
However, the rights have some confinements incorporating the limitations and other considerations of issues like their contradiction with the fundamental rights and the codified provisions in force. The legal issues involving intellectual property rights have two dimensions. Firstly, those that provide exclusive rights only in the sphere of copying / reproduction of the item or act safeguarded and secondly, those which provide a right to deter others from doing
The WIPO Copyright Treaty significantly takes on some of the elements of the Berne Convention. For patens and other industrial property protection treaties, there are similar challenges in attempting to create a common denominator among the different national legislations. From this point-of-view, the Paris Convention takes over some of the roles fulfilled by some of the previously mentioned conventions. As a multilateral convention, it is important to create a minimum
The right to distribute is one thing, the right to the idea is another. It is quite possible that the Internet itself has spawned this idea of intellectual property as separate from tangible property in a quite real way. By viewing the Internet itself as basically intangible, in essence you cannot see the Internet only the result that is given on the screen, certainly has something to do with starting
Intellectual Property for Pre-Owned Boat Sales Boat World plans on selling pre-owned boats purchased in Florida to newly emerging yachting, jet-ski, and small boat enthusiasts in Saudi Arabia. Given the demand for cheaper alternatives to new jet skis, boats, and cruisers/yachts that exists in the country and the relative lack of any supplier or retailer meeting this demand, it is believed that such a business venture will be highly profitable. Unfortunately,
In the contemporary cyber environment, innovation does not enhance success. For example, most patents such as songs and books receive low rewards. The author suggests that there is a need to make rules to enhance the bargain of intellectual property owners. Part 2 In the contemporary cyberspace and it world, the traditional copyright law has not been sufficient to protect intellectual property right in the face current development of computer and