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'''Intellectual Property (IP)''' as defined by the World Intellectual Property Organization ([[WIPO]]) is anything created by the mind such as inventions, literary and artistic works, symbols, names, images, and designs that are commercially used.<ref>[http://www.wipo.int/about-ip/en WIPO]</ref>  
 
'''Intellectual Property (IP)''' as defined by the World Intellectual Property Organization ([[WIPO]]) is anything created by the mind such as inventions,literary and artistic works, symbols, names, images, and designs that are commercially used. <ref>[http://www.wipo.int/about-ip/en WIPO]</ref>  


==Types of Intellectual Property==
==Types of Intellectual Property==
Intellectual Property is protected by:<ref>[http://www.stopfakes.gov/sf_what.asp www.stopfakes.gov]</ref>
Intellectual Property is protected by, but not limited to:<ref>[http://www.stopfakes.gov/sf_what.asp www.stopfakes.gov]</ref>
* '''Copyright'''-protects the original works of authors which include l poems, novels, scripts, musical compositions & recordings and other forms of literary, dramatic or artistic creations.
* '''Copyright''' - protects the original works of authors, such as poems, novels, scripts, musical compositions and recordings, and other forms of literary, dramatic or artistic creations.
* '''Patent'''-is granted for the protection of inventions, which is defined as a product or process of a new way of doing things or solving problems. An invention can only be patented if it can be utilized practically, and displays an element of novelty and shows characteristics of new element in the body of existing knowledge called "prior art" in its technical field and it must show an inventive step.In most countries patentable work in most countries include mathematical methods, scientific discoveries, new medical treatments etc.<ref>[http://www.wipo.int/patentscope/en/patents_faq.html#inventions Scope of Patent]</ref>
* '''Patent''' - granted for the protection of inventions, which is defined as a product or process that is a new way of doing things or solving problems. An invention can only be patented if it can be utilized practically, displays an element of novelty, and includes characteristics of new elements in the body of existing knowledge, called "prior art," in the technical field. It must show an inventive step. Patentable work in most countries includes mathematical methods, scientific discoveries, new medical treatments, etc.<ref>[http://www.wipo.int/patents/en/ Scope of Patent, WIPO]</ref><ref>[https://www.heerlaw.com/patent-faq Patent FAQ, HeerLaw]</ref>
* '''Trademark'''- provides protection and exclusive right to the owner of distinct marks used to identify goods or services.<ref>[http://www.wipo.int/trademarks/en/about_trademarks.html#function Trademarks]</ref> It includes words, signs,names, symbols,sounds or colors which identifies a certain company, product or service.
* '''Trademark''' - provides protection and exclusive rights to the owner of distinct marks used to identify goods or services.<ref>[http://www.wipo.int/trademarks/en/about_trademarks.html#function Trademarks]</ref> It includes words, signs, names, symbols, sounds, or colors that identify a certain company, product or service.<ref>[https://www.shiftlaw.ca/services/canada-us-trademark-lawyer-toronto.html CA & US Trademark Registration, Shift Law]</ref>
* '''Trade Secret'''- is a confidential business information which provides economic edge to a certain company. Examples of trade secrets include formula, methods or techniques used in business, program etc. Trade Secrets are protected under Article 39 of the Trade-Related Aspects of Intellectual Property Rights ([[TRIPS]]) Agreement.
* '''Trade Secret''' - confidential business information that provides economic edge to a certain company. Examples of trade secrets include formulas, methods, or techniques used in business, programs, etc.
 
==History of Intellectual Property==
===The Ancient Greece===
The beginnings of intellectual property can be traced back in the Ancient Greece around 500 B.C.E. The chefs in the Greek colony of Sybarias were the first holders of year-long monopolies in creating a particular recipe. The Stanford Encyclopedia of Philosophy cited the accounts written in American Patent and Copyright Law by Bruce Bugbee in 1967 that the first violation of intellectual property during the ancient times was revealed by Vitruvius (257-180 B.C.E.), a judge in a literary contest in Alexandria.He exposed false poets who used the words and phrases of others and they were tried, convicted and disgraced.<ref>
[http://plato.stanford.edu/entries/intellectual-property/ History of Intellectual Property Ancient Greece]</ref>
 
===The Roman Period===
During the Roman period, Fidentinus was caught reciting the words or Martial without citing his source. Although punishments were enforced to those individuals who use the  words of others during the Ancient Greece or Roman times, there is no recorded Roman Law written for the protection of Intellectual Property.<ref>[http://plato.stanford.edu/entries/intellectual-property/ History of Intellectual Property Roman Times]</ref>


===The Florentine Republic===
==ICANN and Intellectual Property==
During the birth of the Florentine Republic, historical accounts revealed that franchise, privileges and royal favors were granted to individuals for their works and inventions. According to Bugbee, the Florentine Republic issued the first statutes protecting the rights of authors and inventors of products from their intellectual creations on  June 14, 1921 to a famous architect named  Filippo Brunelleschi.The Florentine Patent Statute of 1421 became the basis of the first lasting intellectual property institution written in the Venetian Republic statute of 1474 which was established 150 years prior to England's Statute of Monopolies.<ref>[http://plato.stanford.edu/entries/intellectual-property/ Intellectual Property during the Florentine Republic]</ref>
Prior to the establishment of the [[ICANN|Internet Corporation for Assigned Names and Numbers]], President [[Bill Clinton]]'s Administration created a [[White Paper]], which contained the plans to be carried out by the U.S. government in order to create a new internet governing body to be responsible for improving the technical management of the Internet's names and addresses. One of the key elements discussed in the White Paper was to encourage the participation of the [[WIPO|World Intellectual Property Organization]] (WIPO) to help address issues on Intellectual Property rights, particularly the issue on how to resolve trademark or domain name conflicts.<ref>[https://www.ntia.doc.gov/federal-register-notice/1998/statement-policy-management-internet-names-and-addresses White Paper]</ref>  


According to the Frank D. Prager, author of the Journal of the Patent office Society 26 (11), the first person who received the first actual Patent of Monopoly in Venice was John of Speyer, A German printer.He was given the exclusive right to print without opposition based on customary law and it was later confirmed with a written pronouncement by means of statute of administrative Decree.<ref>[http://www.compilerpress.ca/Library/Prager%20History%20of%20IP%201545-1787%20JPOS%201944.htm#1469:_Patent_of_John_of_Speyer_[191[_ Prager History of Intellectual Property]</ref> During this period, inventions were officially evaluated and examined by experts before patent is granted. Two recorded copyright and patent were enforced in Venice. Copyrights were also granted in Venice around 1500's for new and old books. However, commerce in Venice declined and the development of copyright was subdued by Church and State Censorship.
In 1999, WIPO submitted to ICANN its report on Internet Domain Name Process and made some recommendations on the following topics:<ref>[http://www.wipo.int/amc/en/processes/process1/report/index.html WIPO Report]</ref>
* Best Practices for Registration Authorities
* Administrative Procedure Concerning Abusive Domain Name Registrations
* Exclusions for Famous and Well-known Marks
* New [[gTLD]]s


===The Statute of Monopolies===
===Intellectual Property Interests Constituency===
Based on historical accounts, the first law enacted for the protection of Intellectual Property was English Statute of Monopolies of 1623, which serves as the original basis of Anglo-American Patent Law. The statute defined inventions as new and patents are granted for a limited time of 14 years and ended the granting of rights to ideas or works the are not original and are already being used by the general public.<ref>[http://www.legislation.gov.uk/aep/Ja1/21/3 Statute of Monopolies 1623]</ref>
:: ''Main article: [[IPC|Intellectual Property Interests Constituency]]''


===Statute of Anne===
In 2002, the [[ICANN Board]] created the [[IPC|Intellectual Property Interests Constituency]] (IPC), later renamed the Intellectual Property Interests Constituency, under the [[GNSO|Generic Names Supporting Organization]] (GNSO). The IPC is responsible for representing the interests and positions of the owners of trademarks, copyrights, and other intellectual property rights in relation to ICANN's Policies in managing the [[Domain Name System]].<ref>[http://www.ipconstituency.org/ IP Constituency]</ref> The main governing body of the IPC is the IPC Council, lead by the constituency's president and made up of elected members.<ref>[http://www.ipconstituency.org/bylaws/ IPC Council]</ref>
According to Historians, the first modern copyrights law was enacted April 10, 1710 known as Statute of Anne (Anno Octavo,Annae Reginae), "an act for the Encouragement of Learning, by Vesting the Copies of Printed Books in the Authors or Purchasers of such Copies, during the Times therein mentioned." The law grants an individual 14 years of copyright and his Assignee or Assigns are given the right to renew to print or reprint the book for another fourteen years.<ref>[http://www.copyrighthistory.com/anne.html Statute of Anne 1710]</ref> Part of the Statute reads...


''Whereas Printers, Booksellers, and other Persons, have of late frequently taken the Liberty of Printing, Reprinting,and Publishing, or causing to be Printed, Reprinted, and Published Books,and other Writings, without the Con-sent of the Authors or Proprietors of such Books and  Writings, to their very great Detriment, and too often to the Ruin of them and their Fami-lies: For Preventing therefore such Practices for the future, and for the Encouragement of Learned Men to Compose and Write use-ful Books; May it please Your Majesty, that it may be Enacted, and be it Enacted by the Queens most Excellent Majesty,...(Statute of Anne 1710, Great Britain)''
===Uniform Domain Name Dispute Resolution Policy (UDRP)===
::''Main article: [[Uniform Domain Name Dispute Resolution Policy|Uniform Domain Name Dispute Resolution Policy,]]''


===Connecticut Copyright Statute===
The Uniform Domain Name Dispure Resolution Policy is a set of guidelines used by ICANN to resolve disputes regarding the registration of domain names, mainly between IP right holders and registrants, filed with one of the approved dispute-resolution service providers for the given policy. Adopted in 1999, it was complemented by the [https://www.icann.org/resources/pages/udrp-rules-2015-03-11-en Rules] and Supplemental Rules<ref>https://www.wipo.int/amc/en/domains/rules/supplemental/index.html</ref> through 2009<ref>https://www.wipo.int/amc/en/domains/gtld/udrp/</ref>. It is the first ICANN's consensus policy<ref>https://www.icann.org/resources/pages/registrars/consensus-policies-en</ref>
The first formal copyright law that was enacted in the United States was the Connecticut Statute of 1783 which is based from the Statute of Anne granting an author 14 years of copyright to profit from his work and such copyright is renewable for another 14 years if he is still alive.This statute served as the basis for US Copyright Act.<ref>[http://web.ics.purdue.edu/~epflugfe/McGuffey%20project/624.4.html Connecticut Statute of 1783]</ref>


===US Federal Copyright Act of 1790===
===Trademark Clearinghouse===
The United States Congress enacted the US Copyright Act of 1790, an act which encourage learning by securing the copies of maps, charts and books to the authors and proprietors of such materials have the sole right and liberty to print, reprint, publish and sell for the period of fourteen years. The copyright owner must be a citizen of the United States and the copyright can be further renewed by himself, his executors, administrators or assigns for fourteen years.<ref>[http://web.ics.purdue.edu/~epflugfe/McGuffey%20project/624.4.html Copyright Act of 1790]</ref> Note that the Copyright Act of 1790 protects only a few materials such as books, charts and maps and it is still an adaptation of the Statute of Anne.
::''Main article: [[Trademark Clearinghouse]]''


===Revised US Copyright Law of 1831===
The Trademark Clearinghouse (TMC or TMCH) is a database of trademarks that will be established by [[ICANN]] in order to enhance the protection of intellectual property on the Internet.<ref>[http://techdailydose.nationaljournal.com/2010/03/icann-to-create-trademark-clea.php techdailydose.nationaljournal.com]</ref> The main role of TMCH is to serve as a central repository for the information related to the rights of trademark owners to be stored, authenticated and distributed.<ref>[http://www.v3.co.uk/v3-uk/news/1971874/icann-creates-trademark-clearinghouse v3.co.uk]</ref><ref>[http://www.infolawgroup.com/tags/trademark-clearinghouse/ infolawgroup.com]</ref> When a customer attempts to register a new domain and the domain matches up with a trademark existing in the TMCH, the customer will receive a warning that the creation of the domain may be considered [[cybersquatting]].<ref>[http://domainincite.com/trademark-clearinghouse-coming-in-october/ Trademark Clearinghouse coming in October, domainincite.com]</ref> Use of the TMCH is required for all new [[gTLD]] [[Registry|registries]].<ref>[http://www.icann.org/en/topics/new-gtlds/draft-rfp-clean-12nov10-en.pdf Draft Applicant Guidebook, November 12, 2010; Retrieved June 1, 2011]</ref>
In 1831, the United States Congress revised the US Federal Copyright Act of 1790 due to the active lobbying of Noah Webster and his agents in the Congress. The Revised US Copyright Law of 1831 extended the term of copyright owners for twenty eight years and the copyright for musical composition was added. In addition,the children and widow of a deceased author was granted the right and liberty to renew the copyright for fourteen years.<ref>[http://web.ics.purdue.edu/~epflugfe/McGuffey%20project/624.5.html Revised US Copyright Law of 1831]</ref>


===UK International Copyright Act of 1838===
===Uniform Rapid Suspension===
The UK Copyright Act of 1838 provided foreign authors who are under the colony of the United Kingdom the same right enjoyed by British citizens to own the copyright for their works. This law became the basis of international copyright law.<ref>[http://web.ics.purdue.edu/~epflugfe/McGuffey%20project/624.5.html UK International Copyright Act of 1838]</ref>
:: ''Main article: [[URS]]''


==Expansion of Intellectual Property Laws==
Uniform Rapid Suspension, or URS, was designed by [[ICANN]] to provide trademark owners a even quicker and cheaper process to take down websites infringing on their intellectual property. In comparison to the UDRP, the URS is stricter, has an appeal process and does not result in the transfer of the domain name, just its suspension.<ref>https://www.icann.org/resources/pages/urs-2014-01-09-en</ref>
Copyright and Patent Laws was expanded during the midst and early part of 19th century. In 1853, Harriet Beecher Stowe alleged that a German translation of her book, Uncle Tom's Cabin is an infringement of her copyright. Her claim was rejected by Federal Circuit Court and cited that, "a translation may, in loose phraseology, be called a transcript or copy of her thoughts or conceptions, but in no correct sense can it be called a copy of her book." This decision was strongly attacked during the late part of 19th century which prompted the Congress to encourage the court to reverse its decision and accept the concept that the "work" protected by copyright include the substance not just the mere form, which means than translation in any language is a violation of copyright since no new substance was created in the work.<ref>
[http://cyber.law.harvard.edu/property99/history.html Growth of Intellectual Property]</ref> 
Meanwhile, in 1842,patent statute was expanded by Congress and added Industrial Designs. In 1930, Patent Protection Act was enacted to protect new varieties for asexually propagated plants.<ref>[http://www.ciopora.org/fileadmin/assets/pageDownloads/2010/Breeders_Meeting_USA/James_Housel_-_Developments_in_Plants_and_Patents.pdf Patent Protection Act of 1930]</ref>
 
An amendment to the Federal Copyright Law was enacted on March 4, 1909 known as the '''Copyright Act of 1909''' which further added the list of copyrighted materials, extended the copyright term 28 years renewable for another 28 years, copyright infringement and penalties as well as foreign authors granting reciprocal rights to United States citizens by either agreement, convention or treaty and international agreements.<ref>[http://jessefeder.com/copyright/docs/3-4-1909.pdf Copyright Act of 1909]</ref> This act was superseded by the''' Copyright Act of 1976''' also known as Title 17 of the United Sttaes Code, which became the primary basis of the United States copyright law and it was enacted to address the issues of intellectual property due to the advancement of technology and the introduction of new form of communication such as radio, television and computer.<ref>[http://www.copyright.gov/title17/92chap1.html#102 Copyright Act of 1976]</ref>
 
Another law that was enacted for the protection Intellectual Property was the '''Lanham Act of 1946''', which governs the trademark law of the United States and clearly cited the prohibition of trademark infringement, trademark dilution and false advertising.<ref>[http://www.bitlaw.com/source/15usc/ The Lanham Act of 1946]</ref>
 
==Treaties on Intellectual Property==
As early as 1873, the need for international protection for intellectual property was realized after foreign exhibitors declined to participate in the Hungary-Vienna International Exhibition of Inventions because of fear that their ideas might be stolen and it will be used for commercial purposes. This prompted the Congress in Vienna to enact a temporary but secure protection for the intellectual property rights of exhibitors. By 1878, Vienna led the International Congress on Industrial Property which was held in Paris and it was resolved that an international diplomatic conference is necessary to discuss a uniform legislation regarding industrial property between countries. In 1880, a diplomatic conference was held in Paris where a draft convention was created.<ref>
[http://www.lex-ip.com/Paris.pdf Commentary on the Paris Convention for the Protection of Industrial Property]</ref>
 
===Paris Convention for the Protection of Industrial Property===
The first major international treaty for the protection of industrial property was created in 1883 known as '''Paris Convention for the Protection of Industrial Property''' such as inventions, trademarks and industrial designs.<ref>[http://www.wipo.int/treaties/en/ip/paris/trtdocs_wo020.html Treaty of Paris Convention for the Protection of Industrial Property]</ref>  The original treaty was signed by Belgium, Brazil, El Salvador, France, Guatemala, Italy, the Netherlands, Portugal, Serbia, Spain and Switzerland.<ref>[http://www.lex-ip.com/Paris.pdf
Commentary on the Original Signatories of the Paris Convention]</ref> The treaty took effect on July 7, 1884 wherein Great Britain, Tunisia and Ecuador also joined the treaty.The United Stated joined by 1887. The treaty was revised several times on December 14, 1900 at Brussels, June 2, 1911 in Washington, November 16, 1925 in Hague, October 31, 1958 in Lisbon, July 14, 1967 in Lisbon, and the latest amendment was done on September 28, 1979. At present, there are 173 countries signed in the Paris Convention for the Protection of Industrial Property.<ref>[http://www.wipo.int/treaties/en/ShowResults.jsp?lang=en&treaty_id=2 Members of the Paris Convention]</ref>
 
===Berne Convention for the Protection of Literary Artistic Works===
The Association Littéraire et Artistique International initiated the establishment for international copyright protection as influenced by the French copyright law, "droit d'auteur."<ref>[http://multitudes.samizdat.net/Petite-histoire-des-batailles-du A Short History of Copyright Battles]</ref> The Associated drafted a treaty which was introduced in 1886 in Berne, Switzerland. Subsequently, the '''Berne Convention for the Protection of Literary Artistic Works''' was created to provide international protection for the intellectual property rights of authors and artists who are citizens of the countries that are member of the convention. The authors or artists have the  right to control, and receive payment for their works such as architectural works, drawings, music, novels, poems, plays, short stories, songs, operas,paintings and sculptures. The first signatories of the treaty were Belgium, France, Italy, Germany, Spain, Switzerland, Tunisia and United Kingdom. The United States became part of the Berne Convention not until March 1, 1989.<ref>[http://www.copyright.gov/circs/circ38a.pdf International Copyright Relations of the United States]</ref>
 
The Berne Convention just like the Paris Convention established an International Bureau to handle administrative works. In 1893, the International Bureaus of the Paris Convention and the Berne Convention merged to create an '''United International Bureaux for the Protection of Intellectual Property (BIRPI)''' which later became the '''World Intellectual Property Organization ([[WIPO]])''' in 1967, headquartered in Berne, Switzerland.<ref>[http://www.wipo.int/treaties/en/general/ www.wipo.int]</ref>


==References==
==References==
{{reflist}}
{{reflist}}


[[Category:Glossary]]
[[Category:Glossary]]

Latest revision as of 15:05, 15 March 2023

Intellectual Property (IP) as defined by the World Intellectual Property Organization (WIPO) is anything created by the mind such as inventions, literary and artistic works, symbols, names, images, and designs that are commercially used.[1]

Types of Intellectual Property[edit | edit source]

Intellectual Property is protected by, but not limited to:[2]

  • Copyright - protects the original works of authors, such as poems, novels, scripts, musical compositions and recordings, and other forms of literary, dramatic or artistic creations.
  • Patent - granted for the protection of inventions, which is defined as a product or process that is a new way of doing things or solving problems. An invention can only be patented if it can be utilized practically, displays an element of novelty, and includes characteristics of new elements in the body of existing knowledge, called "prior art," in the technical field. It must show an inventive step. Patentable work in most countries includes mathematical methods, scientific discoveries, new medical treatments, etc.[3][4]
  • Trademark - provides protection and exclusive rights to the owner of distinct marks used to identify goods or services.[5] It includes words, signs, names, symbols, sounds, or colors that identify a certain company, product or service.[6]
  • Trade Secret - confidential business information that provides economic edge to a certain company. Examples of trade secrets include formulas, methods, or techniques used in business, programs, etc.

ICANN and Intellectual Property[edit | edit source]

Prior to the establishment of the Internet Corporation for Assigned Names and Numbers, President Bill Clinton's Administration created a White Paper, which contained the plans to be carried out by the U.S. government in order to create a new internet governing body to be responsible for improving the technical management of the Internet's names and addresses. One of the key elements discussed in the White Paper was to encourage the participation of the World Intellectual Property Organization (WIPO) to help address issues on Intellectual Property rights, particularly the issue on how to resolve trademark or domain name conflicts.[7]

In 1999, WIPO submitted to ICANN its report on Internet Domain Name Process and made some recommendations on the following topics:[8]

  • Best Practices for Registration Authorities
  • Administrative Procedure Concerning Abusive Domain Name Registrations
  • Exclusions for Famous and Well-known Marks
  • New gTLDs

Intellectual Property Interests Constituency[edit | edit source]

Main article: Intellectual Property Interests Constituency

In 2002, the ICANN Board created the Intellectual Property Interests Constituency (IPC), later renamed the Intellectual Property Interests Constituency, under the Generic Names Supporting Organization (GNSO). The IPC is responsible for representing the interests and positions of the owners of trademarks, copyrights, and other intellectual property rights in relation to ICANN's Policies in managing the Domain Name System.[9] The main governing body of the IPC is the IPC Council, lead by the constituency's president and made up of elected members.[10]

Uniform Domain Name Dispute Resolution Policy (UDRP)[edit | edit source]

Main article: Uniform Domain Name Dispute Resolution Policy,

The Uniform Domain Name Dispure Resolution Policy is a set of guidelines used by ICANN to resolve disputes regarding the registration of domain names, mainly between IP right holders and registrants, filed with one of the approved dispute-resolution service providers for the given policy. Adopted in 1999, it was complemented by the Rules and Supplemental Rules[11] through 2009[12]. It is the first ICANN's consensus policy[13]

Trademark Clearinghouse[edit | edit source]

Main article: Trademark Clearinghouse

The Trademark Clearinghouse (TMC or TMCH) is a database of trademarks that will be established by ICANN in order to enhance the protection of intellectual property on the Internet.[14] The main role of TMCH is to serve as a central repository for the information related to the rights of trademark owners to be stored, authenticated and distributed.[15][16] When a customer attempts to register a new domain and the domain matches up with a trademark existing in the TMCH, the customer will receive a warning that the creation of the domain may be considered cybersquatting.[17] Use of the TMCH is required for all new gTLD registries.[18]

Uniform Rapid Suspension[edit | edit source]

Main article: URS

Uniform Rapid Suspension, or URS, was designed by ICANN to provide trademark owners a even quicker and cheaper process to take down websites infringing on their intellectual property. In comparison to the UDRP, the URS is stricter, has an appeal process and does not result in the transfer of the domain name, just its suspension.[19]

References[edit | edit source]

Generic Names Supporting Organization. Develops and recommends to the Board substantive policies relating to generic top-level domains and other responsibilities set forth in the Bylaws (ICANN Bylaws).

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