Intellectual Property Principles
What is intellectual property?
Intellectual property (IP) is a unique kind of legal ‘property’. Unlike physical property, which can be seen and touched, intellectual property is also known as ‘intangible property’ because it does not always take physical form. Intellectual property rights aim to protect the intellectual and creative efforts of individuals and organisations.
IP plays an important role in fostering and rewarding originality, innovation and creativity in our economy. The legal system for protecting IP helps to identify and acknowledge ownership rights in creations. These ownership rights add economic value to creations and help to provide competitive advantage in the market. For example, these rights allow an IP owner to charge a fee to someone who wants to use or copy their creation.
IP law does not protect ideas
It is important to note that intellectual property does not protect an idea or a concept.
It is only when an idea is developed into a form of expression that it becomes intellectual property. The law protects the way in which the idea is expressed, rather than the idea itself.
For example: Copyright law will protect the way that a book, such as a Harry Potter novel, is written, but will not protect the idea behind the story, such as the idea of a school for teenage wizards and witches.
Songs, logos, theatrical plays and scientific inventions are all further examples of intellectual property.
Other things that do not qualify for intellectual property protection include
- facts
- pure data
- mathematical equations.
Why not?
Because these things should be free for all people to use. Also, facts exist independently of any one person – they have not been ‘created’ or ‘invented’ by anyone.