Starting today, we will discuss “Introduction to Intellectual Property and Understanding Intellectual Property”. Among them, today we will look at “Intellectual Property Rights Overview”.
1. Types of Intellectual Property Rights
Traditionally, intellectual property rights were divided into industrial property rights and copyrights, but in the 3rd and 4th industrial revolutions, a separate item called new intellectual property rights emerged. In other words, intellectual property rights can be divided into industrial property rights, copyrights, and new intellectual property rights. Industrial property rights are classified into four types of intellectual property rights: patent (invention), utility model right (small invention), design right (design), and trademark (trademark). Copyrights are divided into copyrights and copyright-related rights. And, the new intellectual property rights can be divided into semiconductor circuit layout design, database, software, know-how, etc. For reference, intellectual property rights are also called intellectual property rights or intangible property rights.
2. What are industrial property rights?
As defined above, industrial property rights are composed of patent rights, utility model rights, design rights, and trademark rights, each of which is defined by different laws.
1) Patent right: A patent right is a right granted to an invention. In Article 2, Paragraph 1 of the Patent Act, an invention is defined as “a high-level invention resulting from the creation of technical experts using the laws of nature”. The duration of the patent right starts from the date the registration fee is paid after receiving the patent decision letter, and the period is recognized from the date of filing the patent application for 20 years.
2) Utility model right: As stated above, utility model right is the general right granted to “small inventions”. A utility model right is a right given to a small invention related to the structure, shape, and combination of an object. In the case of a utility model, just like a patent, the right to protection begins when the registration fee is submitted, and the duration is 10 years from the filing date of the utility model.
3) Design right: Design right is literally the right to protect the idea of the appearance and appearance of an object by law. Unlike the previous patent right and utility model right, the protection effect of the design right takes effect from the date the registration fee is paid, but the duration is 15 years from the date the registration fee is paid.
4) Trademark right: This trademark is used to protect a distinctive service or trademark. The composition of trademark rights refers to symbols, figures, shapes, characters, holograms, colors, motions, or combinations thereof that distinguish the item in contrast with other products. As with design rights, trademark rights take effect from the date of payment when registration fees are paid and are protected for 10 years from that date. A characteristic of trademark rights, in contrast to patent rights, utility model rights, and design rights, is that the duration can be renewed every 10 years.
The ultimate goal of protecting industrial property rights is the development of national industry. By disclosing patented technology, it promotes commercialization or inspires creativity by utilizing open technology and granting exclusive rights. The monopoly of the trademark can also promote industrial development by maintaining business credibility.
3. What is copyright?
Copyright is the right to protect and promote the exclusive right when human intellectual ability is exercised in the fields of art and literature such as art, music, poetry, and fiction. Unlike industrial property rights, copyright arises at the time a work is created regardless of copyright registration.
Copyright is divided into moral rights and author's property rights. Moral rights protect the personal rights of authors with exclusive rights such as publication rights, identity maintenance rights, and name display rights. Author’s property right is divided into reproduction right, transmission right, distribution right, exhibition right, and performance rights to protect economic interests from the use of copyrighted works.
4. What is new intellectual property rights?
New intellectual property rights include semiconductor circuit designs, business inventions and operating profits, databases, computer programs, new media, and biotechnology, which are newly recognized as needing protection in line with the development of society.
1) Computer software: In the past, software was protected by copyright, but there were limitations. The recognition of the patent right for software began with the recognition of a patent containing a mathematical formula program in the Dinamond v. Diehr case. Although program duplication is still protected by the Copyright Act, the software can be protected by the Patent Act when the novelty and inventive step of the features of each software is considerable.
2) Semiconductor circuit design rights: Semiconductors are an essential element of almost all electronic and electrical devices in modern society, and a huge amounts of money are being invested in R&D for related technologies. Accordingly, developed countries first recognized patents for semiconductor circuit design, and Korea also enacted and implemented the integrated circuit design law in 1993.
3) Sales method (business model): The development of the Internet led to the development of the e-commerce market. Accordingly, in 1998 in State Street Bank & Trust Co. v. Signature Financial Group Inc. case, CAFC, the United States Patent High Court, ruled that the fund's investment management system was recognized as a patent. As a result, the so-called business model has been recognized as a patent worldwide.
4) Biotechnology invention: In 1980, the U.S. Supreme Court ruled in Diamond v. Chakrabarty case that the patent right for microorganisms capable of decomposing crude oil was recognized, and at this time, it was announced that everything made by humans can be patented. As a result, various patents, including genetic engineering technologies, microorganisms, and animals, which were previously excluded from patents due to ethical issues, have been recognized as patents. However, the U.S. Patent Act, revised in 2011, prohibits inventions related to human tissue as grounds for non-patenting.
5) Know-how: Trade secret refers to business information on the sales method or production method of goods that are not known due to a considerable effort. Rather than publicizing the invention and obtaining a patent in return, it is possible to obtain economic benefits by protecting the invention as an undisclosed trade secret. Of course, it requires enormous effort to keep trade secrets undisclosed, and if reverse engineering or copying of the invention is possible, the possibility of the secret being leaked increases.
Today, we learned about an “introduction to intellectual property and understanding of intellectual property”, especially “Intellectual Property Rights Overview”. Next time, we will study “Recent Trends in Intellectual Property Rights”.
*I am a student learning IP, not an IP expert. Translation is also a translator and my short English skills. I hope it will be helpful for those who do not have the relevant knowledge or who want to learn about IP.
*The above is what I learned from a book compiled by the Korean Intellectual Property Office and Korea Invention Promotion Association (published by Pakmungak) entitled “Introduction to Intellectual Property, Understanding Intellectual Property”.
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