Intellectual Property Rights

You might also like

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 10

Wikipedia part

Intellectual property (IP) is a category of property that includes intangible creations of the
human intellect.[1][2] There are many types of intellectual property, and some countries recognize
more than others.[3][4][5][6][7] The most well-known types are copyrights, patents, trademarks, and
trade secrets. Early precursors to some types of intellectual property existed in societies such as
Ancient Rome, but the modern concept of intellectual property developed in England in the 17th
and 18th centuries. The term "intellectual property" began to be used in the 19th century, though
it was not until the late 20th century that intellectual property became commonplace in the
majority of the world's legal systems.[8]

The main purpose of intellectual property law is to encourage the creation of a wide variety of
intellectual goods.[9] To achieve this, the law gives people and businesses property rights to the
information and intellectual goods they create, usually for a limited period of time. This gives
economic incentive for their creation, because it allows people to profit from the information and
intellectual goods they create.[9] These economic incentives are expected to stimulate innovation
and contribute to the technological progress of countries, which depends on the extent of
protection granted to innovators.[10]

The intangible nature of intellectual property presents difficulties when compared with
traditional property like land or goods. Unlike traditional property, intellectual property is
"indivisible", since an unlimited number of people can "consume" an intellectual good without it
being depleted. Additionally, investments in intellectual goods suffer from problems of
appropriation: a landowner can surround their land with a robust fence and hire armed guards to
protect it, but a producer of information or literature can usually do very little to stop their first
buyer from replicating it and selling it at a lower price. Balancing rights so that they are strong
enough to encourage the creation of intellectual goods but not so strong that they prevent the
goods' wide use is the primary focus of modern intellectual property law.[11]

Wipo part
The Concept of Intellectual Property 1.1 Intellectual property, very broadly,
means the legal rights which result from intellectual activity in the industrial,
scientific, literary and artistic fields. Countries have laws to protect intellectual
property for two main reasons. One is to give statutory expression to the
moral and economic rights of creators in their creations and the rights of the
public in access to those creations. The second is to promote, as a deliberate
act of Government policy, creativity and the dissemination and application of
its results and to encourage fair trading which would contribute to economic
and social development. 1.2 Generally speaking, intellectual property law
aims at safeguarding creators and other producers of intellectual goods and
services by granting them certain time-limited rights to control the use made of
those productions. Those rights do not apply to the physical object in which
the creation may be embodied but instead to the intellectual creation as such.
Intellectual property is traditionally divided into two branches, “industrial
property” and “copyright.” 1.3 The Convention Establishing the World
Intellectual Property Organization (WIPO), concluded in Stockholm on July 14,
1967 (Article 2(viii)) provides that “intellectual property shall include rights
relating to: - literary, artistic and scientific works, - performances of performing
artists, phonograms and broadcasts, - inventions in all fields of human
endeavor, - scientific discoveries, - industrial designs, - trademarks, service
marks and commercial names and designations, - protection against unfair
competition, and all other rights resulting from intellectual activity in the
industrial, scientific, literary or artistic fields.” 1.4 The areas mentioned as
literary, artistic and scientific works belong to the copyright branch of
intellectual property. The areas mentioned as performances of performing
artists, phonograms and broadcasts are usually called “related rights,” that is,
rights related to copyright. The areas mentioned as inventions, industrial
designs, trademarks, service marks and commercial names and designations
constitute the industrial property branch of intellectual property. The area
mentioned as protection against unfair competition may also be considered as
belonging to that branch, the more so as Article 1(2) of the Paris Convention
for the Protection of Industrial Property (Stockholm Act of 1967) (the “Paris
Convention”) includes “the repression of unfair competition” among the areas
of “the protection of industrial property”; the said Convention states that “any
act of competition contrary to honest practices in industrial and commercial
matters constitutes an act of unfair competition” (Article 10bis(2)). 1.5 The
expression “industrial property” covers inventions and industrial designs.
Simply stated, inventions are new solutions to technical problems and
industrial designs are aesthetic creations determining the appearance of
industrial products. In addition, industrial property includes trademarks,
service marks, commercial names and designations, including indications of
source and appellations of origin, and protection against unfair competition.
Here, the aspect of intellectual creations—although existent—is less
prominent, but what counts here is that the object of
4 WIPO Intellectual Property Handbook: Policy, Law and Useindustrial property typically
consists of signs transmitting information to consumers, in particular as
regards products and services offered on the market, and that the protection
is directed against unauthorized use of such signs which is likely to mislead
consumers, and misleading practices in general. 1.6 Scientific discoveries, the
remaining area mentioned in the WIPO Convention, are not the same as
inventions. The Geneva Treaty on the International Recording of Scientific
Discoveries (1978) defines a scientific discovery as “the recognition of
phenomena, properties or laws of the material universe not hitherto
recognized and capable of verification” (Article 1(1)(i)). Inventions are new
solutions to specific technical problems. Such solutions must, naturally, rely
on the properties or laws of the material universe (otherwise they could not be
materially or “technically” applied), but those properties or laws need not be
properties or laws “not hitherto recognized.” An invention puts to new use, to
new technical use, the said properties or laws, whether they are recognized
(“discovered”) simultaneously with the making of the invention or whether they
were already recognized (“discovered”) before, and independently of, the
invention.

INDUSTRIAL DESIGN

Industrial design is a process of design applied to products that are to be manufactured through
techniques of mass production.[2][3] Its key characteristic is that design is separated from
manufacture: the creative act of determining and defining a product's form and features takes
place in advance of the physical act of making a product, which consists purely of repeated, often
automated, replication.[4][5] This distinguishes industrial design from craft-based design, where
the form of the product is determined by the product's creator at the time of its creation.[6]

All manufactured products are the result of a design process, but the nature of this process can
take many forms: it can be conducted by an individual or a large team; it can emphasize intuitive
creativity or calculated scientific decision-making, and often emphasizes both at the same time;
and it can be influenced by factors as varied as materials, production processes, business
strategy, and prevailing social, commercial, or aesthetic attitudes.[4] The role of an industrial
designer is to create and execute design solutions for problems of form, function, usability,
physical ergonomics, marketing, brand development, sustainability, and sales.[7]

The emergence of industrial design is specifically linked to the growth of industrialisation and
mechanisation that began with the industrial revolution in Great Britain in the mid 18th
century.[2][3] The rise of industrial manufacture changed the way objects were made, urbanisation
changed patterns of consumption, the growth of empires broadened tastes and diversified
markets, and the emergence of a wider middle class created demand for fashionable styles from a
much larger and more heterogeneous population.[13]

The first use of the term "industrial design" is often attributed to the industrial designer Joseph
Claude Sinel in 1919 (although he himself denied this in interviews), but the discipline predates
1919 by at least a decade. Christopher Dresser is considered among the first independent
industrial designers.[14] Industrial design's origins lie in the industrialization of consumer
products. For instance the Deutscher Werkbund, founded in 1907 and a precursor to the
Bauhaus, was a state-sponsored effort to integrate traditional crafts and industrial mass-
production techniques, to put Germany on a competitive footing with Great Britain and the
United States.

The earliest use of the term may have been in The Art Union, A monthly Journal of the Fine
Arts, 1839.

Dyce's report to the Board of Trade on foreign schools of Design for Manufactures. Mr Dyces
official visit to France, Prussia and Bavaria for the purpose of examining the state of schools of
design in those countries will be fresh in the recollection of our readers. His report on this subject
was ordered to be printed some few months since, on the motion of Mr Hume.

The school of St Peter, at Lyons was founded about 1750 for the instruction of draftsmen
employed in preparing patterns for the silk manufacture. It has been much more successful than
the Paris school and having been disorganized by the revolution, was restored by Napoleon and
differently constituted, being then erected into an Academy of Fine Art: to which the study of
design for silk manufacture was merely attached as a subordinate branch. It appears that all the
students who entered the school commence as if they were intended for artists in the higher sense
of the word and are not expected to decide as to whether they will devote themselves to the Fine
Arts or to Industrial Design, until they have completed their exercises in drawing and painting of
the figure from the antique and from the living model. It is for this reason, and from the fact that
artists for industrial purposes are both well paid and highly considered (as being well instructed
men) that so many individuals in France engage themselves in both pursuits.

The Practical Draughtsman's Book of Industrial Design by Jacques-Eugène Armengaud was


printed in 1853.[15] The subtitle of the (translated) work explains, that it wants to offer a
"complete course of mechanical, engineering, and architectural drawing." The study of those
types of technical drawing, according to Armengaud, belong to the field of industrial design.
This work paved the way for a big expansion in the field drawing education in France, the United
Kingdom and the United States.

Robert Lepper helped to establish one of the country's first industrial design degree programs in
1934 at Carnegie Institute of Technology.[16]

Education
Product design and industrial design overlap in the fields of user interface design, information
design, and interaction design. Various schools of industrial design specialize in one of these
aspects, ranging from pure art colleges and design schools (product styling), to mixed programs
of engineering and design, to related disciplines such as exhibit design and interior design, to
schools that almost completely subordinated aesthetic design to concerns of usage and
ergonomics, the so-called functionalist school.[17] Except for certain functional areas of overlap
between industrial design and engineering design, educational programs in the U.S. for
engineering design require accreditation by the Accreditation Board for Engineering and
Technology (ABET)[18] in contrast to programs for industrial design which are accredited by the
National Association of Schools of Art and Design (NASAD).[19]

Institutions

Most industrial designers complete a design or related program at a vocational school or


university. Relevant programs include graphic design, interior design, industrial design,
architectural technology, and drafting Diplomas and degrees in industrial design are offered at
vocational schools and universities worldwide. Diplomas and degrees take two to four years of
study. The study results in a Bachelor of Industrial Design (B.I.D.), Bachelor of Science (B.Sc)
or Bachelor of Fine Arts (B.F.A.). Afterwards, the bachelor programme can be extended to
postgraduate degrees such as Master of Design, Master of Fine Arts and others to a Master of
Arts or Master of Science.

Definition
Industrial design studies function and form—and the connection between product, user, and
environment. Generally, industrial design professionals work in small scale design, rather than
overall design of complex systems such as buildings or ships. Industrial designers don't usually
design motors, electrical circuits, or gearing that make machines move, but they may affect
technical aspects through usability design and form relationships. Usually, they work with other
professionals such as engineers who design the mechanical aspects of the product assuring
functionality and manufacturability, and with marketers to identify and fulfill customer needs
and expectations.

Industrial design (ID) is the professional service of creating and developing concepts and specifications
that optimize the function, value and appearance of products and systems for the mutual benefit of
both user and manufacturer.

Industrial Designers Society of America,[20]

Design, itself, is often difficult to describe to non-designers and engineers, because the meaning
accepted by the design community is not made of words. Instead, the definition is created as a
result of acquiring a critical framework for the analysis and creation of artifacts. One of the many
accepted (but intentionally unspecific) definitions of design originates from Carnegie Mellon's
School of Design, "Design is the process of taking something from its existing state and moving
it to a preferred state" (Simon, Herbert A. "The sciences of the artificial." Cambridge, MA (1969,
1981, 1996)). This applies to new artifacts, whose existing state is undefined, and previously
created artifacts, whose state stands to be improved.
Industrial design can overlap significantly with engineering design, and in different countries the
boundaries of the two concepts can vary, but in general engineering focuses principally on
functionality or utility of products, whereas industrial design focuses principally on aesthetic and
user-interface aspects of products. In many jurisdictions this distinction is effectively defined by
credentials and/or licensure required to engage in the practice of engineering.[21] "Industrial
design" as such does not overlap much with the engineering sub-discipline of industrial
engineering, except for the latter's sub-specialty of ergonomics.

At the 29th General Assembly in Gwangju, South Korea, 2015, the Professional Practise
Committee unveiled a renewed definition of industrial design as follows: "Industrial Design is a
strategic problem-solving process that drives innovation, builds business success and leads to a
better quality of life through innovative products, systems, services and experiences." An
extended version of this definition is as follows: "Industrial Design is a strategic problem-solving
process that drives innovation, builds business success and leads to a better quality of life
through innovative products, systems, services and experiences. Industrial Design bridges the
gap between what is and what’s possible. It is a trans-disciplinary profession that harnesses
creativity to resolve problems and co-create solutions with the intent of making a product,
system, service, experience or a business, better. At its heart, Industrial Design provides a more
optimistic way of looking at the future by reframing problems as opportunities. It links
innovation, technology, research, business and customers to provide new value and competitive
advantage across economic, social and environmental spheres. Industrial Designers place the
human in the centre of the process. They acquire a deep understanding of user needs through
empathy and apply a pragmatic, user centric problem solving process to design products,
systems, services and experiences. They are strategic stakeholders in the innovation process and
are uniquely positioned to bridge varied professional disciplines and business interests. They
value the economic, social and environmental impact of their work and their contribution
towards co-creating a better quality of life. "[22]

Design process
A Fender Stratocaster with sunburst finish, one of the most widely recognized electric guitars in the
world

Model 1300 Volkswagen Beetle

Although the process of design may be considered 'creative,' many analytical processes also take
place. In fact, many industrial designers often use various design methodologies in their creative
process. Some of the processes that are commonly used are user research, sketching, comparative
product research, model making, prototyping and testing. These processes are best defined by the
industrial designers and/or other team members. Industrial designers often utilize 3D software,
computer-aided industrial design and CAD programs to move from concept to production. They
may also build a prototype first and then use industrial CT scanning to test for interior defects
and generate a CAD model. From this the manufacturing process may be modified to improve
the product.

Product characteristics specified by industrial designers may include the overall form of the
object, the location of details with respect to one another, colors, texture, form, and aspects
concerning the use of the product. Additionally they may specify aspects concerning the
production process, choice of materials and the way the product is presented to the consumer at
the point of sale. The inclusion of industrial designers in a product development process may
lead to added value by improving usability, lowering production costs and developing more
appealing products.

Industrial design may also focus on technical concepts, products, and processes. In addition to
aesthetics, usability, and ergonomics, it can also encompass engineering, usefulness, market
placement, and other concerns—such as psychology, desire, and the emotional attachment of the
user. These values and accompanying aspects that form the basis of industrial design can vary—
between different schools of thought, and among practicing designers.

Industrial design rights


Main article: Industrial design rights

Industrial design rights are intellectual property rights that make exclusive the visual design of
objects that are not purely utilitarian. A design patent would also be considered under this
category. An industrial design consists of the creation of a shape, configuration or composition
of pattern or color, or combination of pattern and color in three-dimensional form containing
aesthetic value. An industrial design can be a two- or three-dimensional pattern used to produce a
product, industrial commodity or handicraft. Under the Hague Agreement Concerning the
International Deposit of Industrial Designs, a WIPO-administered treaty, a procedure for an
international registration exists. An applicant can file for a single international deposit with
WIPO or with the national office in a country party to the treaty. The design will then be
protected in as many member countries of the treaty as desired.

Examples of industrial design

Lurelle Guild. Vacuum Cleaner, c. 1937. Brooklyn Museum

Chair by Charles Eames


Russel Wright. Coffee Urn, c. 1935 Brooklyn Museum

A number of industrial designers have made such a significant impact on culture and daily life
that their work is documented by historians of social science. Alvar Aalto, renowned as an
architect, also designed a significant number of household items, such as chairs, stools, lamps, a
tea-cart, and vases. Raymond Loewy was a prolific American designer who is responsible for the
Royal Dutch Shell corporate logo, the original BP logo (in use until 2000), the PRR S1 steam
locomotive, the Studebaker Starlight (including the later bulletnose), as well as Schick electric
razors, Electrolux refrigerators, short-wave radios, Le Creuset French ovens, and a complete line
of modern furniture, among many other items.

Richard A. Teague, who spent most of his career with the American Motor Company, originated
the concept of using interchangeable body panels so as to create a wide array of different
vehicles using the same stampings. He was responsible for such unique automotive designs as
the Pacer, Gremlin, Matador coupe, Jeep Cherokee, and the complete interior of the Eagle
Premier.

Milwaukee's Brooks Stevens was best known for his Milwaukee Road Skytop Lounge car and
Oscar Mayer Wienermobile designs, among others.

Viktor Schreckengost designed bicycles manufactured by Murray bicycles for Murray and Sears,
Roebuck and Company. With engineer Ray Spiller, he designed the first truck with a cab-over-
engine configuration, a design in use to this day. Schreckengost also founded The Cleveland
Institute of Art's school of industrial design.

Oskar Barnack was a German optical engineer, precision mechanic, industrial designer, and the
father of 35mm photography. He developed the Leica, which became the hallmark for
photography for 50 years, and remains a high-water mark for mechanical and optical design.
Charles and Ray Eames were most famous for their pioneering furniture designs, such as the
Eames Lounge Chair Wood and Eames Lounge Chair. Other influential designers included
Henry Dreyfuss, Eliot Noyes, John Vassos, and Russel Wright.

Dieter Rams is a German industrial designer closely associated with the consumer products
company Braun and the Functionalist school of industrial design.

Many of Apple's recent products were designed by Sir Jonathan Ive.

You might also like