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Intellectual
property is the protection of ideas, inventions, and creations
of the mind. This protection gives creators, authors, artists,
and inventors the exclusive right to use the products of their
imaginations for a limited period of time. The basic forms of
intellectual property (also known as “IP”) are copyright,
patent, trademark and trade secret.
Everyone
is affected by IP in some fashion. Every time you drink a Coca-Cola,
you are using a trademark. Every time you use a new invention,
you are using a patent. Kentucky Fried Chicken (itself a trademark)
claims trade secret protection for Colonel Sanders’ secret
herbs and spices. And copyright impacts our daily lives with books,
movies, music, and computer programs.
Intellectual
property law in the U.S. is based on the U.S. Constitution, supplemented
by statutes, administrative regulations, international treaties,
and judicial decisions. Article 1, Section 8, Clause 8, of the
U.S. Constitution reads: “The Congress shall have Power
. . . To promote the Progress of Science and useful Arts, by securing
for limited Times to Authors and Inventors the exclusive Right
to their respective Writings and Discoveries.” IP is truly
the protection of the mind, and the protection of the imagination.
In
addition to U.S. law, IP is also protected by international treaties.
Many of these treaties are administered by the World Intellectual
Property Organization (WIPO), a specialized agency of the United
Nations. There are also a number of treaties for copyright, patent,
and trademark protection that are outside of the WIPO system.
Computer
and Internet law blurs the boundaries between the various types
of intellectual property. The material on a Website may be copyrighted,
while the domain name may be a trademark. Certainly cybersquatting
and trademark law are related, and cybersquatting has been reported
quite a bit in the news lately. Some of the web technology may
be protected by a patent, and some processes are trade secrets.
Nonetheless, each form of intellectual property retains its own
twists and turns.
This
Website has a seperate page for each type of intellectual property
(copyright, trademarks and trade secrets, and patents). In addition,
there are links to websites where you can find news and articles
on intellectual property, as well as WKU's Intellectual Property
Policy, the WKU Research Foundation, the Office of Sponsored Programs,
and other offices at WKU that deal with intellectual property
and technology transfer issues.
Remember
with intellectual property that prudence is the better part of
virtue. If at all in doubt, ask for assistance. This will help
you to remain within the law and avoid unwanted problems.
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This
page maintained by:
Bryan M. Carson
Associate Professor, Library Public Services
bryan.carson@wku.edu
Last
updated
October 22, 2009
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