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Intellectual Property Basics

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Certification Mark

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A mark used to signify that certain goods or services meet an established standard. Rights granted: Right to promote the goods or services that meet the certification requirements. Examples: Woolmark for wool products, Fair Trade Certification.

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Trade Name

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The name under which a business operates and presents itself to the public. Rights granted: Protection from confusion with other businesses. Examples: Google, Microsoft.

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Integrated Circuit Layout Designs

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Protection for the three-dimensional configuration of electronic circuits used in integrated circuits and chip layouts. Rights granted: Exclusivity over reproduction and exploitation of the design. Examples: Microprocessor chip layouts, memory chip designs.

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Utility Model

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A form of protection similar to patents offered to inventions that may not meet the strict criteria of patents and are often for a shorter period. Rights granted: Exclusive use and exploitation of the model. Examples: Small mechanical devices, tools.

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Geographical Indication (GI)

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A sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. Rights granted: Preventing use by a third party whose product does not conform to applicable standards. Examples: Champagne from the Champagne region of France, Darjeeling tea from India.

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Mask Work

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A type of legal protection for the layout of semiconductor chip products. Rights granted: Exclusive rights to reproduce, distribute, and commercially exploit the protected layouts. Examples: Photomasks used in manufacturing semiconductors.

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Copyright

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A form of protection provided to the creators of original works of authorship, including literary, dramatic, musical, artistic, and certain other intellectual works. Rights granted: Reproduction, distribution, performance, display, and adaptations. Examples: Books, music, movies.

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Trade Secret

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Information that companies keep secret to give them an advantage over their competitors. Rights granted: Not disclosed to the public. Examples: Coca-Cola's formula, KFC's recipe.

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Service Mark

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Similar to a trademark, but used to identify and distinguish the services of one provider rather than goods. Rights granted: Exclusive use to differentiate services. Examples: FedEx delivery services, American Airlines.

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Licensing

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A permit from an authority to own or use something, do a particular thing, or carry out a trade. Rights granted: Use of a property within agreed terms and conditions. Examples: Software licenses, music streaming services.

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Orphan Works

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Copyrighted material whose owners are difficult or impossible to identify or locate. Rights granted: Limited use under specific circumstances, often subject to legal reform and debate. Examples: Abandoned films, music with unknown copyright holders.

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Performance Rights

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Rights related to the public performance of a work, such as a play, film, musical work, or broadcast. Rights granted: Control and remuneration for public performance. Examples: Stage plays, live concerts.

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Typographical Arrangement

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The layout of a published work, specifically the way text and images are arranged on a page. Rights granted: Exclusive right to reproduce and distribute the work as arranged. Examples: Layout of a novel, newspaper formatting.

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Non-disclosure Agreement (NDA)

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A legal contract between at least two parties that outlines confidential material, knowledge, or information that the parties wish to share with one another for certain purposes, but wish to restrict access to. Rights granted: Enforce secrecy and limit use of disclosed information. Examples: Business plans, client information.

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Patent

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A limited duration property right relating to an invention, granted by the government to the patentee in exchange for public disclosure of the invention. Rights granted: Make, use, sell, and import the invention for a limited period, typically 20 years. Examples: New pharmaceuticals, technology gadgets, mechanical devices.

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Industrial Design Rights

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Intellectual property right that protects the visual design of objects that are not purely utilitarian. Rights granted: Exclusive rights to make, sell, and use the design. Examples: The shape of the Coca-Cola bottle, Apple's iPhone design.

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Collective Mark

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A trademark or service mark used by the members of a collective to indicate membership in the group or to identify and distinguish the products or services of members from those of non-members. Rights granted: Use by collective members. Examples: REALTOR for members of the National Association of Realtors, UL certification mark.

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Trademark

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A symbol, word, or phrase legally registered or established by use as representing a company or product. Rights granted: Exclusive use to differentiate goods or services. Examples: Nike's swoosh, McDonald's golden arches.

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Trade Dress

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The visual appearance of a product or its packaging that signify the source of the product to consumers. Rights granted: Protection against copying or imitating the appearance. Examples: The layout of an Apple Store, shape of the Toblerone chocolate bar.

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Moral Rights

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Rights of creators of copyrighted works that are personal and reputational, rather than solely economic in nature. Rights granted: Right to attribution, right to have work published anonymously or pseudonymously, and right to the integrity of the work. Examples: An artist's right to be credited for their work, an author's right to prevent the alteration of their work.

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Copyright Fair Use Doctrine

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A legal doctrine that promotes freedom of expression by allowing the unlicensed use of copyrighted material in certain circumstances, such as for commentary, criticism, news reporting, teaching, scholarship, or research. Rights granted: Limited use without infringement. Examples: Quoting a book in a review, using movie clips in a critique.

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Database Rights

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Rights that allow the creator of a database to control the use of their work. Rights granted: Protection from extraction and reutilization of the entire or substantial part of the contents. Examples: A publicly available database of various statistics, an online phonebook.

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Appellation of Origin

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A special kind of geographical indication used on products that have a specific quality or characteristics that are solely or essentially due to the geographical environment in which they are produced. Rights granted: Exclusive marketing rights. Examples: Tequila from Mexico, Parmigiano-Reggiano cheese from Italy.

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Plant Variety Protection

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Rights granted to the breeders of new varieties of plants that are distinct, uniform, and stable. Rights granted: Exclusive control over the propagating material and harvested material. Examples: New apple varieties, ornamental plants.

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Copyright Term Extension

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An increase in the period of time for which copyright protection is granted, beyond the typical life of the author plus a certain number of years. Rights granted: Extended exclusive rights to use and exploit the work. Examples: Mickey Mouse under Walt Disney's Copyright Extension.

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