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Professional Engineering Practice
Intellectual Property Image credit: PCStuff 03:50, 31 July 2006 (UTC)
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Intellectual property
What is intellectual property? Things like copyrighted property such as literary or artistic works, patents, business methods, and industrial processes. trademarks. Intangible thinks such as the ownership of ideas and control over the tangible or virtual representation of those ideas. Another person's intellectual property may be allowed to be used with or without royalty payments or permission, but should always include proper credit to the source.
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Intellectual property
Intellectual property rights are granted by society to producers of novel or original work in the arts or sciences. There are various laws making up intellectual property: copyrights, patents, industrial designs, semiconductor chips, plant varieties, trademarks, trade secrets and confidential information.
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Copyright (taken from previous links)
The right to copy Only works that are original and fixed are protected by copyright. A work is considered “original” when it is the product of the author’s own skill, judgment and creativity, has not been copied and demonstrates more than a trivial, mechanical level of skill and judgment. A work is “fixed” when it is produced onto any media, like paper or within a digital file.
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Copyright Copyright law covers:
original literary, scientific, dramatic, musical and artistic work in written or some recorded form (e.g., tape or diskette). books, articles, letters, poems, essays, theses, translations, lectures, computer programs, maps, charts, plans, art (paintings, drawings, sketches, architecture, sculpture, photographs, logos), plays, choreography, films, slides, sound recordings, and songs, including all preparatory work, models and notes. Purely oral expression does not qualify for copyright, nor do titles, names, slogans, methods, ideas, factual information or works in the public domain
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Copyright Ideas are not usually capable of being owned by anyone; they are free for all to use. The expression of ideas, if recorded, may have a copyright; Copyright arises automatically once the work is created; Registration or marking the work with a copyright claim ("© [author's name][year of publication]") is an optional but wise precaution. Authors are usually the first copyright owners but if they create work as part of their duty as an employee, the employer first owns the copyright.
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Copyright Copyright prevents someone copying, publishing, translating or broadcasting a work without the copyright owner's consent. It lasts for the author's life plus 50 years except for photographs, sound recordings and films of live events, where a straight 50 year term from creation applies. Authors also have "moral rights" to have their work properly attributed, and not to have it distorted or modified so as to prejudice their honour or reputation. cannot be assigned; can only be waived no-one, not even the owner, may distort or otherwise alter a work that affects the integrity of the work or the reputation of the author without permission
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Trademark word, symbol, design that distinguishes a good or service in the marketplace, as well as the reputation of the provider ™ vs. ® registration is national and for 15 yrs + renewal must register in each country you want protection To file trade-mark application: Find a trade-mark agent, who will search for similar marks Trade-marks are published in the ‘Trademarks Journal’
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Pick the mechanism that is most relevant
copyright patent industrial design trademark trade secret confidential information
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Commercialization of IP
license/royalties assignment/sale equity/start up company contracts/consulting work trade secrets
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Further information Canadian Intellectual Property Office
United States Patent and Trademark Office World Intellectual Property Office Others 562
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