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18. invention, intellectual property, and income

intellectual property

Everyone has an idea of what the term ‘property’ means. Ownership gives certain rights over material things, such as the right to own a car and to be able to decide about its use. Intellectual property also consists of a set of exclusive rights, but not to tangible things, such as a car, but to ‘the products of the mind’.

By these ‘intellectual products’ we mean creative and intangible achievements, such as a story, a music composition, a design for a piece of furniture, a computer program or an invention. Certain distinctive signs, such as trademarks and geographical indications, are also considered intellectual property. While one may have a copy of a book in material ownership, this right will not necessarily include the intellectual property in it. As an owner, one can therefore read a book, color it, throw it away, etc., but one does not have the right to copy, reprint, place on the internet, make a film about it, etc. under the intellectual property and for the said acts the consent of the holder of these rights is required.

Intellectual property rights give their holder a temporary exclusive exploitation right, valid for a certain territory.

For example, the holder of the copyright to a book (note: not to the physical copy but to the intellectual, intangible content) will be the only person allowed to reproduce or market it. Just as the holder of an invention patent is the only one who is allowed to exploit this invention (eg by marketing a drug protected by a patent). The proprietor of a trademark is the only person authorized to market products bearing that trademark.

i looked on the goverment site for extra information this it wat they said about intelectual property in the field of design, technology

technology

  • Computer programs may be protected by copyright, and in some cases (if the computer program implies a technical invention) by patent law .
  • Technical inventions, such as a new material or product, a more efficient machine, a better production process, etc. can be protected by a patent.

design

  • Fashion, applied art, design objects, … can be protected by copyright and/or by design and design law.
  • The shape of products (industrial or artisanal) can be protected by copyright, design and design law and trademark law.

patent law

Patent law

Before you it is very important that you don’t show your idea to the world.

pro’s to a patent

  • a patent grants its holder an exclusive right to prohibit. This means that the holder has the right to prohibit third parties from using the invention without prior permission. If the patent holder does not wish to exploit the invention himself, he can always license his rights.

-a patent can strengthen the bargaining power of its holder when considering a collaboration with other companies. For example, patenting an improvement on an existing invention increases the chance of obtaining a license for that earlier invention. Often, the owner of the patent on the earlier invention and the owner of the patent on its improvement will give each other permission to exploit their inventions, which is called a cross-license;

  • if one wants to be active in a certain field, the possession of patents by third parties can be an obstacle, as their permission is required to use their invention. By being the first to file a patent application yourself, you ensure that no one else can prevent you from applying that specific invention based on their patent. So patenting your invention guarantees you a certain “freedom of action”. See Confidentiality and Disclosure

  • Finally, a patent is very good advertising. As a result, third parties know that you are active in a specific field and that you are technologically strong in that sector

Cons

  • taking out a patent on an invention is quite expensive, while the commercial success of an invention is not guaranteed

  • when filing a patent application, you must describe the invention clearly and completely. This description can then be consulted by third parties. Disclosure of the invention may provide third parties with strategic information about your company, or enable them to try to improve the technologies you have invented. Taking a patent on an invention therefore stands in the way of secrecy;

  • a patent is time-limited, which is not the case for secrecy. In some cases, secrecy can give you a competitive advantage over a longer period of time than a patent

  • to guarantee you a certain freedom of action, you can also make your invention public. No one else can then apply for a patent on that invention, because the condition that it must be new is no longer met.

creative commons

When we share, everyone wins!

what do they do:

  • Provide Creative Commons licenses and public domain tools that give every person and organization in the world a free, simple, and standardized way to grant copyright permissions for creative and academic works; ensure proper attribution; and allow others to copy, distribute, and make use of those works

-Work closely with major institutions and governments to create, adopt and implement open licensing and ensure the correct use of CC licenses and CC-licensed content

  • Support the CC Global Network, a community initiative working to increase the volume, breadth, and quality of openly available knowledge worldwide

-Steward the Open COVID Pledge, which calls on organizations around the world to make their patents and copyrights freely available in the fight against the COVID-19 pandemic.

-Develop technology like CC Search that makes openly licensed material easier to discover and use

-Offer the Creative Commons Certificate, an in-depth course for people interested in becoming experts in creating and engaging with openly licensed works

-Produce CC Summit, an annual event that brings together an international group of educators, artists, technologists, legal experts, and activists to promote the power of open licensing and global access

-Support global Open Education and GLAM communities

The Creative Commons License Options

CC BY

This license allows reusers to distribute, remix, adapt, and build upon the material in any medium or format, so long as attribution is given to the creator. The license allows for commercial use.

CC BY-NC

This license allows reusers to distribute, remix, adapt, and build upon the material in any medium or format for noncommercial purposes only, and only so long as attribution is given to the creator.

CC BY-SA

This license allows reusers to distribute, remix, adapt, and build upon the material in any medium or format, so long as attribution is given to the creator. The license allows for commercial use. If you remix, adapt, or build upon the material, you must license the modified material under identical terms.

CC BY-NC-SA

This license allows reusers to distribute, remix, adapt, and build upon the material in any medium or format for noncommercial purposes only, and only so long as attribution is given to the creator. If you remix, adapt, or build upon the material, you must license the modified material under identical terms.

CC BY-ND

This license allows reusers to copy and distribute the material in any medium or format in unadapted form only, and only so long as attribution is given to the creator. The license allows for commercial use.

CC BY-NC-ND

This license allows reusers to copy and distribute the material in any medium or format in unadapted form only, for noncommercial purposes only, and only so long as attribution is given to the creator.

how to apply a cc license

CC-licensing your work is simple. All you have to do is choose the CC license that suits your needs and then communicate this choice in a way that will be clear to people who come across your work. As part of this communication, you should include a link to the license you’ve chosen.


Last update: June 18, 2021