The object of industrial property consists of signs conveying information, in particular to consumers, regarding products and services offered on the market.
[4][5][6] In the United States, industrial property, also called industrial real estate, refer to a « branch of trade or manufacturing, production, assembly, repair, of finished or partially finished products from raw materials or fabricated parts”.
[9][10][11] In all cases the main motivations seem to have been the introduction of "new arts", the attraction of more skilled craftsmen and the transfer of technology in order to reduce imports and increase the exports of their territories.
The invention was a boat intended to transport the marble needed for the construction of the dome of the Florence Cathedral, Brunelleschi's greatest work.
[9] Later, during sixteenth century, the patent history had a new development with the recognition given by queen Elizabeth I to the inventor Jacobus Acontius, who asked for a prohibition against any use of his invention but founding his petition on his "rights and labors", doing so the a[clarification needed] shift in the recognition of industrial property as a kind of natural right.
The patent system is designed to contribute to the promotion of innovation and the transfer and dissemination of technology, to the mutual advantage of inventors, users of inventions and the general public.
[15] By granting an exclusive right, patents provide incentives, offering inventors recognition for their creativity and material reward for their marketable inventions.
In return for the exclusive right, the inventor must adequately disclose the patented invention to the public, so that others have access to the new knowledge, leading to further innovation.
Substantive and procedural requirements under the applicable laws vary widely among the countries and regions with a utility model system; however, utility models usually differ from patents for invention in the following main respects:[15] Industrial designs are applied to a wide variety of industrial products and handicrafts.
They refer to the ornamental or aesthetic aspects of an article, including compositions of lines or colors or any three-dimensional forms that give a special appearance to a product or handicraft.
Where the technical performance of a product offered by different manufacturers is relatively similar, consumers will make their selection based on price and aesthetic appeal.
If the design for an article produced by many manufacturers, such as a screw, were to be dictated purely by the function the screw was intended to perform, then protection for that design would have the effect of excluding all other manufacturers from producing items intended to perform the same function.
There is a continuing need for the creation of new layout-designs that simultaneously reduce the dimensions of existing integrated circuits and increase their functions.
Integrated circuits are used in a wide range of products, including articles of everyday use such as watches, televisions, washing machine sand cars, as well as sophisticated computers and servers.
[15] Although creating a new layout-design for an integrated circuit involves a major investment, it is possible to copy layout designs for a fraction of that cost.
The high cost of creating layout-designs and the relative ease of copying them are the main reasons they need protection.
In response to the uncertainty surrounding the protection of layout-designs, the WIPO Treaty on Intellectual Property in Respect of Integrated Circuits was adopted on May 26, 1989.
However, many countries have set limits on what may be registered as a trademark, generally allowing only signs that are visually perceptible or can be represented graphically.
When used in connection with the sale of goods or services, the sign may appear in advertisements, for example in newspapers, on television or in shop windows.
[15] In addition to trademarks identifying the commercial source of goods or services, several other categories of marks exist.
Broadly speaking, trademarks perform four main functions: Another category of industrial property covers commercial names and designations.
However, under Article 8 of the Paris Convention, a trade name must be protected without the obligation of filing or registration, whether or not it forms part of a trademark.
Examples of appellations of origin protected in states party to the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration are “Habana”, for tobacco grown in the Havana region of Cuba, and “Tequila”, for spirits produced in particular areas of Mexico.
In essence, unauthorized parties may not use geographical indications where that use is likely to mislead the public as to the true origin of the product.
Applicable sanctions range from court injunctions preventing unauthorized use to the payment of damages and fines or, in serious cases, imprisonment.
As a specialized agency of the United Nations, the organization provides a forum for its member states to create and harmonize rules and practices for protecting intellectual property rights.
[15] Article 10 bis of the Paris Convention requires member countries to provide for protection against unfair competition.