What is the definition of intellectual property? Let’s get to know intellectual property law.

In today’s increasingly advanced human society, the importance of personal property is receiving more attention. When we think about property, the first things that may come to mind are tangible assets like cash, jewelry, and real estate. But what about intangible assets? The biggest and most important difference between humans and other species lies in those intangible creations of the mind, such as music composition, writing, various designs, inventions, and trademarks. Intellectual property rights refer to these related assets, which are the results of human intellectual activity that hold economic value and are protected by law.

What are the classifications of intellectual property rights?

In Taiwan, there is no single, comprehensive "Intellectual Property Law." Instead, intellectual property is protected through various related laws, including the "Patent Act," "Trademark Act," "Copyright Act," and "Trade Secret Act." While these intellectual properties are intangible creations of the mind, their economic value is often difficult to estimate. It is common to see street vendors selling counterfeit and pirated goods, which violate patent or trademark rights and have already broken the law. Plagiarism of book content severely infringes upon the hard work of authors. Through these legislative measures, the public can be made more aware of the importance of intellectual property. Additionally, other intangible items, such as integrated circuit layout designs, unpublished information protection, and industrial designs, are also covered under intellectual property rights. When facing issues of infringement, businesses can use intellectual property laws to seek solutions.

Protection of Copyright in Intellectual Property: Basic Concepts

In intellectual property law, copyright encompasses a wide range of works including literature, music, drama, dance, art, photography, graphics, audiovisual works, sound recordings, architecture, computer programs, and more. These works must possess originality and a certain objective form of expression. The purpose of copyright law is to protect the rights of authors, balance public interests, and promote national cultural development.

In terms of regulations, copyright can be divided into two major areas: moral rights and economic rights. Moral rights primarily include the right to publicize, the right to be identified by name, and the right to maintain the integrity of the work. Economic rights focus on the economic use of the work and the control over its reproduction, public performance, adaptation, and editing, among others.

The law also includes provisions for civil and criminal liability for copyright infringement. Regulations specify that the applicant must be the author or the owner of the copyright. If a work is used without authorization or transfer of rights, it may constitute a violation of the law. Therefore, one must not violate the law by using copyrighted content without proper authorization. Copyright protection ensures that the relevant rights are safeguarded under legal protection.

Trademark Patent Application and Intellectual Property Office Trademark Search

In the realm of intellectual property law, another important aspect is trademarks. How can a successful brand and product establish a connection with the general public? One key element is a recognizable mark that stands out, and the existence of trademark law is to protect those "distinctive" trademarks associated with branding and marketing. It enables consumers to identify the provider of goods or services and helps businesses with patents or related products establish their market recognition, thus preventing the risk of theft or counterfeiting.

Before registering a trademark patent, companies must be particularly cautious about whether similar trademarks already exist. Is the trademark registration feasible? At this point, information from the Intellectual Property Office becomes crucial. Through the Intellectual Property Office’s website, there is a trademark search system that allows businesses to check if any existing trademarks on the market are similar or identical before applying for registration. This helps avoid the risk of plagiarism or counterfeiting.