Intellectual property rights and their protection is crucial for economic growth, of an individual or a business, as it fuels creativity and innovation. 

To better understand what intellectual property is, here is the basic categories you should be aware of. 

There are four main types of intellectual property:

• Copyrights
• Patents
• Trademarks
• Industrial designs

Copyright:

A copyright is the legal protection of an original creation. Copyright protects original creations of authorship, including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.

The copyright owner has the exclusive right to sell, publish, and/or reproduce any work created.

Patent:

A patent protects mostly inventions, such as machines, manufactured goods, industrial processes, and chemical compositions (i.e., drugs). It is the exclusive right granted for an invention, which offers a new way of doing something, or a new technical solution to a problem. 

Trademark:

A Trademark is a sign used to differentiate products or services of a company from those of other companies. It protects creations that identify a business value in the market, such as phrases, slogans, brand names, business names. It can also protect unique colors, schemes, sounds or even smells.

Industrial design:

An industrial design protects the visual features of an article. It may consist of three or two dimensional features, such as the shape of the article, its design, its patterns, or its color. Packages, furniture and household goods, textiles, jewelries, graphic symbols or even electronic devices can be protected by industrial design. 

Industrial design protection aims to prevent third parties from copying, selling or reproducing without the permission of the owner. 

• Types of assets protected 

The most important difference between a copyright and a trademark is the type of work each one protects. 

A copyright primarily protects original creations of authorship, including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.

A trademark, on the other hand, protects creations that identify a business value in the market, such as phrases, slogans, brand names, business names. It can also protect unique colors, schemes, sounds or even smells. 

• Ownership: Automatic vs Applied for

You are awarded a copyright automatically, the moment you produce a work in a tangible form. A trademark though, is established through the common use of a mark in the course of business. You must file a trademark application using the Trademark Electronic Application System (TEAS)

• Use: Non exclusive use vs Exclusive use

A copyright gives you the right to control the use, reproduction and distribution of your work. With a trademark you prevent others from using marks similar to yours for their works. 

• Duration: Limited vs Unlimited 

A trademark does not expire after some years, it can last forever. Copyright protection lasts for a specific period of time depending on several factors. Works created by an individual are protected for the lifetime of the creator, plus 70 years. Works created anonymously, pseudonymously, and for hire, are protected for 95 years from the date of publication – or 120 years from the date of creation – whichever is shorter. Once a copyright expires it can’t be renewed

Our service does not cover trademarks – only copyright.

Read more about trademark protection: https://www.copyright.gov/circs/circ01.pdf