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Imitation is the sincerest form of flattery.- Proverb, early 18th century.

People who make a living creating unique things, such as a beautiful chair design or a song, or an instructional video, contribute much to the enjoyment of the consumer experience. And, great ideas may well deserve to be copied. But what motivation would the maker and owner of a new idea or creative work have to produce more useful and beautiful things if everyone else could simply replicate his work and reap the financial rewards? In this article, we will examine protections afforded to makers and owners of creative works under U.S. law, and why intellectual property rights are important. As you begin this lesson:

Visit the United States Patent and Trademark Office (USPTO) website and bookmark it for forthcoming reference. Visit the U.S. Copyright Office website and bookmark it for future reference.

Vocabulary

Copyright- The exclusive right to make use of, copy, sell, or otherwise benefit from a written, artistic, or musical work for a period of time.

Intellectual property- A work that comes from the mind or the intellect, such as a song, story, design, invention, piece of artwork, etc.

Patent-The exclusive right to make, use, and sell an original invention for a limited period.

Public domain- Available to the public for use and not subject to intellectual property rights.

Servicemark- A symbol, word(s), design, or other mechanisms that identify a service, and which can only be used by the owner of the service mark.

Trademark- A symbol, word(s), design, or other mechanisms that identify a product or goods that can only be used by the owner of the trademark.

INTELLECTUAL PROPERTY RIGHTS

Original designs, pictures, written works (including songs, music, plays, etc.), inventions, and even trade secrets and business processes that are unique to a person (or business) are called intellectual property. They are assets to those who produce them, but unlike typical consumer products and services, these assets are not easily secured. A chef who bakes cakes can lock up his bakery when he leaves to protect his confections and baking supplies from theft. A banker who provides financial services can lock his vaults and files to protect his currency and loan papers. But how does the writer lock up his words? How does a designer protect her or his latest original work from showing up as a counterfeit version at flea markets? What can an investor do to keep an unscrupulous person from stealing his or her blueprints and producing the identical product for sale?

Why Intellectual Property is Important Intellectual property can provide the means of making a living to the person that originates it and is extremely important to the success of an organization or business that employs the creative process to produce goods or services. Until recently there were few if any, laws or recourse available to those who would protect their intellectual property. Today in the United States, state and federal laws offer significant protections. However, with the reality of a global economy often affecting even small and medium-sized businesses, protection that goes beyond borders is a growing concern, particularly in industrial design. The World Trade Organization (WTO) in Geneva, Switzerland requires its member countries to offer minimum levels of protection for designs and other intellectual property in line with written multi-national agreements. The World Intellectual Property Organization (WIPO) is a United Nations agency, also headquartered in Geneva, which promotes worldwide economic development through the promotion of international intellectual property infrastructure and cooperation between nations.

The Office of U.S. Intellectual Property Enforcement Coordinator (IPEC) is a position within the White House Office of Management and Budget. It was created by the Prioritizing Resources and Organization for Intellectual Property Act of 2008. The IPEC helps coordinate federal agencies working to stop the illegal manufacture and distribution of counterfeit or pirated American goods such as software, medicines, fashion knockoffs, automotive and machine parts, and technologies. These intellectual property crimes hurt U.S. jobs, international trade, and the health and welfare of consumers.