Trademarks, copyright and patents explained
The ways to protect intellectual property include registered trademarks, copyright and patents. Each has different functions, and they vary depening on the type of intellectual property involved.
Registered trademarks protect logos, names, or brands, in relation to goods and services.
Copyright protects the way things are written or expressed, but not names.
Patents protect new inventions, but not brands.
... registered trademarks v copyright
If you are an author, the usual way to protect your book is by way of copyright.
However, if you want to protect the name of the book, or the name of a character, copyright does not
work.
Dan Browne, author of the Da Vinci Code thriller, was sued for breach of copyright. However, the copyright
owner did not win the case. This was because you cannot copyright historical events or facts.
One of the most successful registered trademarks relates to Winnie the Pooh. Royalties from character merchandising are still substantial.
... registered trademarks v patents
Patents are important in protecting inventors and inventions. But they do not cover certain things like recipes.
If patents really worked, then you would not expect that there would be more than one type of mobile phone, camera, or computer. Patents are granted in return for inventors making their inventions public.
They are limited in time (usually 20 years). Unless a technical (technological) step is involved, or that it adds to the state of the art, patents are not appropriate to protect the intellectual property involved.
A good brand can be protected forever. Registered trademarks can be renewed indefinitely. The internet has led to branding of new registered trademarks such as Google, Yahoo, U Tube and many more.