Intellectual Property: A Definition

Intellectual property, very generally, relates to the output, which result from intellectual activity in the industrial, scientific, literary and artistic fields. Traditionally intellectual property is divided into two branches:

1) Industrial Property

a) Inventions
b) Marks (trademarks and service marks)
c) Industrial designs
d) Unfair competition (trade secrets)
e) Geographical indications (indications of source and appellations of origin)

2) Copyright

The protection of intellectual property is guaranteed through a variety of laws, which grant the creators of intellectual goods, and services certain time-limited rights to control the use made of their products. Those rights apply to the intellectual creation as such, and not to the physical object in which the work may be embodied.

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History: Anglo-American Tradition

With the introduction of the printing press into England in 1476 printing was made easier and faster and made copies less expensive. By the early 16th century two trades dominated the industry: independent printers and booksellers or stationers many of whom were vertically integrated as printers. At the time, the Crown was concerned about sedition and the Church about heresy. In 1557 by royal charter the Stationers' Company of London was created and exclusive rights granted. Approved printers were given the right to copy approved works. Accordingly the roots of copyright were censorship.

The Statute of Queen Ann, the first formal copyright law, was passed in 1710. Copyright was then conferred on the author of a work, but still the owner of copyright was nearly always the bookseller. Only in 1775 the House of Lords replaced the common law of printing rights in favor of the author.

In this tradition the underlying concept of copyright is monopoly, first granted to printers, then to booksellers and later to individual creators. Copyright is treated as a commodity to be bought and sold and inspired by a need to protect the public from the power of the artist.

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Time Warner

The largest media and entertainment conglomerate in the world. The corporation resulted from the merger of the publisher Time Inc. and the media conglomerate Warner Communications Inc. in 1989. It acquired the Turner Broadcasting System, Inc. (TBS) in 1996. Time Warner Inc.'s products encompass magazines, hardcover books, comic books, recorded music, motion pictures, and broadcast and cable television programming and distribution. The company's headquarters are in New York City. In January 2000 Time Warner merged with AOL (America Online), which owns several online-services like Compuserve, Netscape and Netcenter in a US$ 243,3 billion deal.

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Invention

According to the WIPO an invention is a "... novel idea which permits in practice the solution of a specific problem in the field of technology." Concerning its protection by law the idea "... must be new in the sense that is has not already been published or publicly used; it must be non-obvious in the sense that it would not have occurred to any specialist in the particular industrial field, had such a specialist been asked to find a solution to the particular problem; and it must be capable of industrial application in the sense that it can be industrially manufactured or used." Protection can be obtained through a patent (granted by a government office) and typically is limited to 20 years.

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