Difference between revisions of "Intellectual Property"

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(→‎ICANN and Intellectual Property: Added a UDRP session, and edited the URS part to explain a bit more about what it was, and charged its reference (it was originally from an article of opinion that was not really descriptive))
 
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'''Intellectual Property (IP)''' as defined by the World Intellectual Property Organization ([[WIPO]]) is anything created by the mind such as inventions, literary and artistic works, symbols, names, images, and designs that are commercially used.<ref>[http://www.wipo.int/about-ip/en WIPO]</ref>
  
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'''Intellectual Property (IP)''' as defined by the World Intellectual Property Organization ([[WIPO]]) is anything created by the mind such as inventions,literary and artistic works, symbols, names, images, and designs that are commercially used. It is divided into two categories: Industrial Property which include industrial designs, inventions etc., and Copyright which include literary and artistic creations such novels, poems, plays, music and drawings.<ref>[http://www.wipo.int/about-ip/en WIPO]</ref> IP is protected by patent, trademark, copyright and trade secret.
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==Types of Intellectual Property==
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Intellectual Property is protected by, but not limited to:<ref>[http://www.stopfakes.gov/sf_what.asp www.stopfakes.gov]</ref>
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* '''Copyright''' - protects the original works of authors, such as poems, novels, scripts, musical compositions and recordings, and other forms of literary, dramatic or artistic creations.
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* '''Patent''' - granted for the protection of inventions, which is defined as a product or process that is a new way of doing things or solving problems. An invention can only be patented if it can be utilized practically, displays an element of novelty, and includes characteristics of new elements in the body of existing knowledge, called "prior art," in the technical field. It must show an inventive step. Patentable work in most countries includes mathematical methods, scientific discoveries, new medical treatments, etc.<ref>[http://www.wipo.int/patents/en/ Scope of Patent, WIPO]</ref><ref>[https://www.heerlaw.com/patent-faq Patent FAQ, HeerLaw]</ref>
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* '''Trademark''' - provides protection and exclusive rights to the owner of distinct marks used to identify goods or services.<ref>[http://www.wipo.int/trademarks/en/about_trademarks.html#function Trademarks]</ref> It includes words, signs, names, symbols, sounds, or colors that identify a certain company, product or service.<ref>[https://www.shiftlaw.ca/services/canada-us-trademark-lawyer-toronto.html CA & US Trademark Registration, Shift Law]</ref>
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* '''Trade Secret''' - confidential business information that provides economic edge to a certain company. Examples of trade secrets include formulas, methods, or techniques used in business, programs, etc.
  
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==History of Intellectual Property==  
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==ICANN and Intellectual Property==
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===The Ancient Greece===
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Prior to the establishment of the [[ICANN|Internet Corporation for Assigned Names and Numbers]], President [[Bill Clinton]]'s Administration created a [[White Paper]], which contained the plans to be carried out by the U.S. government in order to create a new internet governing body to be responsible for improving the technical management of the Internet's names and addresses. One of the key elements discussed in the White Paper was to encourage the participation of the [[WIPO|World Intellectual Property Organization]] (WIPO) to help address issues on Intellectual Property rights, particularly the issue on how to resolve trademark or domain name conflicts.<ref>[https://www.ntia.doc.gov/federal-register-notice/1998/statement-policy-management-internet-names-and-addresses White Paper]</ref>  
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The beginnings of intellectual property can be traced back in the Ancient Greece around 500 B.C.E. The chefs in the Greek colony of Sybarias were the first holders of year-long monopolies in creating a particular recipe. The Stanford Encyclopedia of Philosophy cited the accounts written in American Patent and Copyright Law by Bruce Bugbee in 1967 that the first violation of intellectual property during the ancient times was revealed by Vitruvius (257-180 B.C.E.), a judge in a literary contest in Alexandria.He exposed false poets who used the words and phrases of others and they were tried, convicted and disgraced.<ref>
 
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[http://plato.stanford.edu/entries/intellectual-property/ History of Intellectual Property Ancient Greece]</ref>
 
  
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===The Roman Period===
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In 1999, WIPO submitted to ICANN its report on Internet Domain Name Process and made some recommendations on the following topics:<ref>[http://www.wipo.int/amc/en/processes/process1/report/index.html WIPO Report]</ref>
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During the Roman period, Fidentinus was caught reciting the words or Martial without citing his source. Although punishments were enforced to those individuals who use the words of others during the Ancient Greece or Roman times, there is no recorded Roman Law written for the protection of Intellectual Property.<ref>[http://plato.stanford.edu/entries/intellectual-property/ History of Intellectual Property Roman Times]</ref>
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* Best Practices for Registration Authorities
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* Administrative Procedure Concerning Abusive Domain Name Registrations
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* Exclusions for Famous and Well-known Marks
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* New [[gTLD]]s
  
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===The Florentine Republic===
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===Intellectual Property Interests Constituency===
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During the birth of the Florentine Republic, historical accounts revealed that franchise, privileges and royal favors were granted to individuals for their works and inventions. According to Bugbee, the Florentine Republic issued the first statutes protecting the rights of authors and inventors of products from their intellectual creations on  June 14, 1921 to a famous architect named  Filippo Brunelleschi.The Florentine Patent Statute of 1421 became the basis of the first lasting intellectual property institution written in the Venetian Republic statute of 1474 which was established 150 years prior to England's Statute of Monopolies.<ref>[http://plato.stanford.edu/entries/intellectual-property/ Intellectual Property during the Florentine Republic]</ref>
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:: ''Main article: [[IPC|Intellectual Property Interests Constituency]]''
  
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According to the Frank D. Prager, author of the Journal of the Patent office Society 26 (11), the first person who received the first actual Patent of Monopoly in Venice was John of Speyer, A German printer.He was given the exclusive right to print without opposition based on customary law and it was later confirmed with a written pronouncement by means of statute of administrative Decree.<ref>[http://www.compilerpress.ca/Library/Prager%20History%20of%20IP%201545-1787%20JPOS%201944.htm#1469:_Patent_of_John_of_Speyer_[191[_ Prager History of Intellectual Property]</ref> During this period, inventions were officially evaluated and examined by experts before patent is granted. Two recorded copyright and patent were enforced in Venice. Copyrights were also granted in Venice around 1500's for new and old books. However, commerce in Venice declined and the development of copyright was subdued by Church and State Censorship.
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In 2002, the [[ICANN Board]] created the [[IPC|Intellectual Property Interests Constituency]] (IPC), later renamed the Intellectual Property Interests Constituency, under the [[GNSO|Generic Names Supporting Organization]] (GNSO). The IPC is responsible for representing the interests and positions of the owners of trademarks, copyrights, and other intellectual property rights in relation to ICANN's Policies in managing the [[Domain Name System]].<ref>[http://www.ipconstituency.org/ IP Constituency]</ref> The main governing body of the IPC is the IPC Council, lead by the constituency's president and made up of elected members.<ref>[http://www.ipconstituency.org/bylaws/ IPC Council]</ref>
  
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===The Statute of Monopolies===
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===Uniform Domain Name Dispute Resolution Policy (UDRP)===
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Based on historical accounts, the first law enacted for the protection of Intellectual Property was English Statute of Monopolies of 1623, which serves as the original basis of Anglo-American Patent Law. The statute defined inventions as new and patents are granted for a limited time of 14 years and ended the granting of rights to ideas or works the are not original and are already being used by the general public.<ref>[http://www.legislation.gov.uk/aep/Ja1/21/3 Statute of Monopolies 1623]</ref>
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::''Main article: [[Uniform Domain Name Dispute Resolution Policy|Uniform Domain Name Dispute Resolution Policy,]]''
  
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===Statute of Anne===
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The Uniform Domain Name Dispure Resolution Policy is a set of guidelines used by ICANN to resolve disputes regarding the registration of domain names, mainly between IP right holders and registrants, filed with one of the approved dispute-resolution service providers for the given policy. Adopted in 1999, it was complemented by the [https://www.icann.org/resources/pages/udrp-rules-2015-03-11-en Rules] and Supplemental Rules<ref>https://www.wipo.int/amc/en/domains/rules/supplemental/index.html</ref> through 2009<ref>https://www.wipo.int/amc/en/domains/gtld/udrp/</ref>. It is the first ICANN's consensus policy<ref>https://www.icann.org/resources/pages/registrars/consensus-policies-en</ref>
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According to Historians, the first modern copyrights law was enacted April 10, 1710 known as Statute of Anne (Anno Octavo,Annae Reginae), "an act for the Encouragement of Learning, by Vesting the Copies of Printed Books in the Authors or Purchasers of such Copies, during the Times therein mentioned." The law grants an individual 14 years of copyright and his Assignee or Assigns are given the right to renew to print or reprint the book for another fourteen years.<ref>[http://www.copyrighthistory.com/anne.html Statute of Anne 1710]</ref> Part of the Statute reads...
 
  
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''Whereas Printers, Booksellers, and other Persons, have of late frequently taken the Liberty of Printing, Reprinting,and Publishing, or causing to be Printed, Reprinted, and Published Books,and other Writings, without the Con-sent of the Authors or Proprietors of such Books and  Writings, to their very great Detriment, and too often to the Ruin of them and their Fami-lies: For Preventing therefore such Practices for the future, and for the Encouragement of Learned Men to Compose and Write use-ful Books; May it please Your Majesty, that it may be Enacted, and be it Enacted by the Queens most Excellent Majesty,...(Statute of Anne 1710, Great Britain)''
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===Trademark Clearinghouse===
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::''Main article: [[Trademark Clearinghouse]]''
  
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===Connecticut Copyright Statute===
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The Trademark Clearinghouse (TMC or TMCH) is a database of trademarks that will be established by [[ICANN]] in order to enhance the protection of intellectual property on the Internet.<ref>[http://techdailydose.nationaljournal.com/2010/03/icann-to-create-trademark-clea.php techdailydose.nationaljournal.com]</ref> The main role of TMCH is to serve as a central repository for the information related to the rights of trademark owners to be stored, authenticated and distributed.<ref>[http://www.v3.co.uk/v3-uk/news/1971874/icann-creates-trademark-clearinghouse v3.co.uk]</ref><ref>[http://www.infolawgroup.com/tags/trademark-clearinghouse/ infolawgroup.com]</ref> When a customer attempts to register a new domain and the domain matches up with a trademark existing in the TMCH, the customer will receive a warning that the creation of the domain may be considered [[cybersquatting]].<ref>[http://domainincite.com/trademark-clearinghouse-coming-in-october/ Trademark Clearinghouse coming in October, domainincite.com]</ref> Use of the TMCH is required for all new [[gTLD]] [[Registry|registries]].<ref>[http://www.icann.org/en/topics/new-gtlds/draft-rfp-clean-12nov10-en.pdf Draft Applicant Guidebook, November 12, 2010; Retrieved June 1, 2011]</ref>
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The first formal copyright law that was enacted in the United States was the Connecticut Statute of 1783 which is based from the Statute of Anne granting an author 14 years of copyright to profit from his work and such copyright is renewable for another 14 years if he is still alive.This statute served as the basis for US Copyright Act.<ref>[http://web.ics.purdue.edu/~epflugfe/McGuffey%20project/624.4.html Connecticut Statute of 1783]</ref>
 
  
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===US Federal Copyright Act of 1790===
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===Uniform Rapid Suspension===
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The United States Congress enacted the US Copyright Act of 1790, an act which encourage learning by securing the copies of maps, charts and books to the authors and proprietors of such materials have the sole right and liberty to print, reprint, publish and sell for the period of fourteen years. The copyright owner must be a citizen of the United States and the copyright can be further renewed by himself, his executors, administrators or assigns for fourteen years.<ref>[http://web.ics.purdue.edu/~epflugfe/McGuffey%20project/624.4.html Copyright Act of 1790]</ref> Note that the Copyright Act of 1790 protects only a few materials such as books, charts and maps and it is still an adaptation of the Statute of Anne.
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:: ''Main article: [[URS]]''
  
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===Revised US Copyright Law of 1831===
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Uniform Rapid Suspension, or URS, was designed by [[ICANN]] to provide trademark owners a even quicker and cheaper process to take down websites infringing on their intellectual property. In comparison to the UDRP, the URS is stricter, has an appeal process and does not result in the transfer of the domain name, just its suspension.<ref>https://www.icann.org/resources/pages/urs-2014-01-09-en</ref>
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In 1831, the United States Congress revised the US Federal Copyright Act of 1790 due to the active lobbying of Noah Webster and his agents in the Congress. The Revised US Copyright Law of 1831 extended the term of copyright owners for twenty eight years and the copyright for musical composition was added. In addition,the children and widow of a deceased author was granted the right and liberty to renew the copyright for fourteen years.<ref>[http://web.ics.purdue.edu/~epflugfe/McGuffey%20project/624.5.html Revised US Copyright Law of 1831]</ref>
 
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===UK International Copyright Act of 1838===
 
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The UK Copyright Act of 1838 provided foreign authors who are under the colony of the United Kingdom the same right enjoyed by British citizens to own the copyright for their works. This law became the basis of international copyright law.<ref>[http://web.ics.purdue.edu/~epflugfe/McGuffey%20project/624.5.html UK International Copyright Act of 1838]</ref>
 
  
 
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[[Category:Glossary]]
 
[[Category:Glossary]]

Latest revision as of 15:05, 15 March 2023

Intellectual Property (IP) as defined by the World Intellectual Property Organization (WIPO) is anything created by the mind such as inventions, literary and artistic works, symbols, names, images, and designs that are commercially used.[1]

Types of Intellectual Property

Intellectual Property is protected by, but not limited to:[2]

  • Copyright - protects the original works of authors, such as poems, novels, scripts, musical compositions and recordings, and other forms of literary, dramatic or artistic creations.
  • Patent - granted for the protection of inventions, which is defined as a product or process that is a new way of doing things or solving problems. An invention can only be patented if it can be utilized practically, displays an element of novelty, and includes characteristics of new elements in the body of existing knowledge, called "prior art," in the technical field. It must show an inventive step. Patentable work in most countries includes mathematical methods, scientific discoveries, new medical treatments, etc.[3][4]
  • Trademark - provides protection and exclusive rights to the owner of distinct marks used to identify goods or services.[5] It includes words, signs, names, symbols, sounds, or colors that identify a certain company, product or service.[6]
  • Trade Secret - confidential business information that provides economic edge to a certain company. Examples of trade secrets include formulas, methods, or techniques used in business, programs, etc.

ICANN and Intellectual Property

Prior to the establishment of the Internet Corporation for Assigned Names and Numbers, President Bill Clinton's Administration created a White Paper, which contained the plans to be carried out by the U.S. government in order to create a new internet governing body to be responsible for improving the technical management of the Internet's names and addresses. One of the key elements discussed in the White Paper was to encourage the participation of the World Intellectual Property Organization (WIPO) to help address issues on Intellectual Property rights, particularly the issue on how to resolve trademark or domain name conflicts.[7]

In 1999, WIPO submitted to ICANN its report on Internet Domain Name Process and made some recommendations on the following topics:[8]

  • Best Practices for Registration Authorities
  • Administrative Procedure Concerning Abusive Domain Name Registrations
  • Exclusions for Famous and Well-known Marks
  • New gTLDs

Intellectual Property Interests Constituency

Main article: Intellectual Property Interests Constituency

In 2002, the ICANN Board created the Intellectual Property Interests Constituency (IPC), later renamed the Intellectual Property Interests Constituency, under the Generic Names Supporting Organization (GNSO). The IPC is responsible for representing the interests and positions of the owners of trademarks, copyrights, and other intellectual property rights in relation to ICANN's Policies in managing the Domain Name System.[9] The main governing body of the IPC is the IPC Council, lead by the constituency's president and made up of elected members.[10]

Uniform Domain Name Dispute Resolution Policy (UDRP)

Main article: Uniform Domain Name Dispute Resolution Policy,

The Uniform Domain Name Dispure Resolution Policy is a set of guidelines used by ICANN to resolve disputes regarding the registration of domain names, mainly between IP right holders and registrants, filed with one of the approved dispute-resolution service providers for the given policy. Adopted in 1999, it was complemented by the Rules and Supplemental Rules[11] through 2009[12]. It is the first ICANN's consensus policy[13]

Trademark Clearinghouse

Main article: Trademark Clearinghouse

The Trademark Clearinghouse (TMC or TMCH) is a database of trademarks that will be established by ICANN in order to enhance the protection of intellectual property on the Internet.[14] The main role of TMCH is to serve as a central repository for the information related to the rights of trademark owners to be stored, authenticated and distributed.[15][16] When a customer attempts to register a new domain and the domain matches up with a trademark existing in the TMCH, the customer will receive a warning that the creation of the domain may be considered cybersquatting.[17] Use of the TMCH is required for all new gTLD registries.[18]

Uniform Rapid Suspension

Main article: URS

Uniform Rapid Suspension, or URS, was designed by ICANN to provide trademark owners a even quicker and cheaper process to take down websites infringing on their intellectual property. In comparison to the UDRP, the URS is stricter, has an appeal process and does not result in the transfer of the domain name, just its suspension.[19]

References

  1. ↑ WIPO
  2. ↑ www.stopfakes.gov
  3. ↑ Scope of Patent, WIPO
  4. ↑ Patent FAQ, HeerLaw
  5. ↑ Trademarks
  6. ↑ CA & US Trademark Registration, Shift Law
  7. ↑ White Paper
  8. ↑ WIPO Report
  9. ↑ IP Constituency
  10. ↑ IPC Council
  11. ↑ https://www.wipo.int/amc/en/domains/rules/supplemental/index.html
  12. ↑ https://www.wipo.int/amc/en/domains/gtld/udrp/
  13. ↑ https://www.icann.org/resources/pages/registrars/consensus-policies-en
  14. ↑ techdailydose.nationaljournal.com
  15. ↑ v3.co.uk
  16. ↑ infolawgroup.com
  17. ↑ Trademark Clearinghouse coming in October, domainincite.com
  18. ↑ Draft Applicant Guidebook, November 12, 2010; Retrieved June 1, 2011
  19. ↑ https://www.icann.org/resources/pages/urs-2014-01-09-en
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