What is Intellectual Property and Why is it Important?
What is Intellectual Property and Why is
it Important?
Intellectual property (IP) is a category of property that
includes intangible creations of the human intellect. There are many types of
intellectual property, and some countries recognize more than others. The
best-known types are patents, copyrights, trademarks, and trade secrets.
Types of Intellectual
Property
Type |
Property |
Example |
Patent |
An exclusive right granted
for an invention. A patent provides the patent owner with the right to decide
how - or whether - the invention can be used by others. In exchange for
this right, the patent owner makes technical information about the invention
publicly available in the published patent document. |
The patent for the
personal computer was filed in 1980 by Steve Jobs and three other colleagues
at Apple Inc. |
Copyright |
A legal term used to
describe the rights that creators have over their literary and artistic
works. Works covered A legal term used to describe the rights that
creators have over their literary and artistic works. Works covered by
copyright range from books, music, paintings, sculpture and films, to
computer programs, databases, advertisements, maps and technical drawings. |
copyright |
Trademark |
A sign capable of
distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks
date back to ancient times when artisans used to put their signature or
“mark” on their products. |
The Nike logo or
“swoosh” is a trademark |
Industrial design |
An industrial design
constitutes the ornamental or aesthetic aspect of an article. A design
may consist of three-dimensional features, such as the shape or surface of an
article, or of two-dimensional features, such as patterns, lines or color. |
The Coca-Cola bottle
shape is an industrial design |
Geographical
indication |
A sign used on goods
that have a specific geographical origin and possess qualities, a reputation
or characteristics that are essentially attributable to that place of
origin. Most commonly, a geographical indication includes the name of
the place of origin of the goods. |
Champagne is a
geographical indication for sparkling wine from France |
Trade secret |
A trade secret is
confidential information that may be sold or licensed. The unauthorized
acquisition, use or disclosure of such secret information in a manner
contrary to honest commercial practices by others is regarded as an unfair
practice and a violation of the trade secret protection. |
The recipe for
Coca-Cola is a trade secret |
Why
is Intellectual Property Important?
Intellectual property is important because it allows companies
and individuals to protect their core business and research and development
activities, to create a stronger negotiating posture for cross-licensing and
counterclaims, to contribute enormously to national and state economies, to
ensure consumer safety and quality, and to foster an environment in which
creativity and innovation can flourish.
Protection
of Ideas
One of the main reasons why intellectual property is important
is that it enables the creators and owners of IP to protect their ideas from
being copied or exploited by others without their consent. This gives them an
incentive to invest time, money and effort into developing new and original
products, services, works or inventions that can benefit society. Without the protection of ideas, businesses and individuals would not reap the full
benefits of their inventions and would focus less on research and development. Similarly,
artists would not be fully compensated for their creations and cultural
vitality would suffer as a result.
Value
Creation
Another reason why intellectual property is important is that it
creates value for businesses and individuals who own IP. Intellectual property
can be a source of competitive advantage, revenue generation, reputation
enhancement, market expansion and social impact. For example, patents can help
inventors to license their inventions to other companies or individuals who can
commercialize them in exchange for royalties or fees. Copyrights can help
authors and creators to sell their works or grant permission for others to use
them in various ways. Trademarks can help businesses to build brand recognition
and loyalty among consumers who associate them with certain qualities or
characteristics. Industrial designs can help businesses to differentiate their
products from those of competitors and attract more customers. Geographical
indications can help producers to promote their products as having unique
features due to their origin and increase their market share. Trade
secrets can help businesses to maintain their competitive edge by keeping their
confidential information away from competitors.
Economic
Growth
A third reason why intellectual property is important is that it
contributes enormously to national and state economies. Intellectual
property-intensive industries account for millions of jobs, billions of dollars
in exports, trillions of dollars in gross domestic product (GDP) and a
significant share of innovation activity in many countries around the world.
According to a report by the U.S. Department of Commerce, in 2019, IP-intensive
industries supported 30.2% of all U.S. jobs, 52.2% of all U.S. exports, 45.8%
of all U.S. GDP and 74.9% of all U.S. private sector research and development
spending7.
Similarly, according to a report by the European Patent Office and the European
Union Intellectual Property Office, in 2016 IP-intensive industries supported
29.2% of all jobs, 45% of all GDP and 90% of all EU exports in the EU.
Consumer
Protection
A fourth reason why intellectual property is important is that
it protects consumers from counterfeit and pirated goods that can harm their
health, safety and welfare. Counterfeit and pirated goods are products that
infringe on the IP rights of legitimate owners and are produced and sold
illegally. They can include fake medicines, cosmetics, electronics, clothing,
toys, food and beverages, among others. These products can pose serious risks
to consumers who may not be aware of their origin, quality or ingredients. They
can also damage the reputation and revenue of the legitimate IP owners who
invest in creating and marketing their products. Intellectual property
laws and enforcement mechanisms help to prevent, detect and combat the
production and distribution of counterfeit and pirated goods and to ensure that
consumers can trust the products they buy.
Innovation
Promotion
A fifth reason why intellectual property is important is that it
fosters an environment in which creativity and innovation can flourish.
Intellectual property laws and policies aim to strike a balance between the
interests of innovators and the wider public interest, by providing incentives
for innovation while ensuring that the benefits of innovation are widely
shared. Intellectual property also facilitates the dissemination and exchange
of knowledge and information among different actors in the innovation system,
such as researchers, inventors, entrepreneurs, investors, educators, consumers
and policymakers. Intellectual property can also stimulate collaboration and
cooperation among these actors, by enabling them to share their IP assets through
licensing, joint ventures, open innovation platforms or public-private
partnerships. Intellectual property can also support social innovation and
inclusive development, by addressing the needs and challenges of marginalized
or underserved communities through appropriate IP tools and strategies.
Conclusion
Intellectual property is a broad term that covers various types
of intangible assets that are the result of human creativity and intellect.
Intellectual property is important for many reasons, such as protecting ideas,
creating value, boosting economic growth, safeguarding consumers and promoting
innovation. Intellectual property rights and registrations allow businesses and
individuals to secure their IP assets and leverage them for their benefit and
for the benefit of society.
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