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Intellectual Property Fundamentals

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Patents

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Legal protection granted for an invention, which allows the patent holder to exclude others from making, using, or selling the invention for a certain number of years. Examples: New pharmaceuticals, tech gadgets.

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Trademarks

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A symbol, word, or phrase legally registered or established by use as representing a company or product. Examples: Nike Swoosh, McDonald's Golden Arches.

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Copyrights

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Legal rights given to the creator of original works of authorship, such as literary, dramatic, musical, and artistic works. Examples: Books, songs, paintings.

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Trade Secrets

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Information that gives a business an advantage over competitors who do not know or use it. Examples: Coca-Cola formula, Google's search algorithm.

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Industrial Designs

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Protection of the aesthetic or ornamental aspect of a useful article. Examples: Unique appearance of an iPhone, shape of the Coca-Cola bottle.

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Service Marks

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A trademark used to identify services rather than products. Examples: FedEx services, American Airlines.

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Geographical Indications

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Signs used on products that have a specific geographical origin and possess qualities or a reputation due to that origin. Examples: Champagne from France, Parma Ham from Italy.

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Plant Variety Protection

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Protects the rights of the breeders of new varieties of plants by giving them an exclusive control over the plant material. Examples: New hybrid rose, disease-resistant wheat.

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Mask Works (Semiconductor Chip Product Protection)

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Protection for the layout designs (topologies) of semiconductor chips. Examples: Microprocessor designs, RAM chip layouts.

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Trade Dress

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The visual appearance of a product or its packaging that signifies the source of the product to consumers. Examples: The shape of a bottle of Coca-Cola, the color scheme of Tiffany & Co. boxes.

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Moral Rights

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Rights of creators to have their work attributed to them and to have their work remain unaltered. Examples: Right to claim authorship, right to object to distortion of work.

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Utility Models

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Protection for inventions that may not meet the patentability criteria and typically have a shorter protection term. Examples: Small technical innovations, practical inventions with shorter commercial life.

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Supplementary Protection Certificates

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Extended legal protection for patented pharmaceutical and plant protection products which have been subjected to a lengthy testing and approval process. Examples: Extension of patent life for specific drugs after initial patent expires.

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Trade Secret Legislation

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Laws and regulations that protect confidential business information from disclosure. Examples: Defense of Trade Secrets Act in the US, EU Directive on Trade Secrets.

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Domain Names

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Unique names that identify internet resources, such as websites, which can be legally protected to prevent confusion with the identity of businesses or products. Examples: Amazon.com, Google.com.

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Database Rights

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Legal rights that protect the effort of creating databases against extraction and reuse of the whole or substantial parts of the database. Examples: Membership lists, scientific research databases.

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Layout Designs of Integrated Circuits

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Protection for the design and layout of integrated circuits used in electronic devices. Examples: PCB design layouts, specific routing of wires in circuits.

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Orphan Works

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Works of art or literature, motion pictures, or music for which the copyright owner is not known or cannot be found. Examples: Old photographs with unknown photographers, lost master recordings.

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Performance Rights

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Rights related to the public performance or communication to the public of works such as plays, music, and dance. Examples: Royalties for radio play, public recital of a play.

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Collective Management Organizations (CMOs)

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Organizations that help manage rights like performance rights and mechanical rights on behalf of copyright holders. Examples: ASCAP, BMI in the USA.

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