James & Wells - Intellectual Property

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Intellectual property defined

Intellectual property is a term which refers to the ownership of an intangible thing - the innovative idea behind new technology, products, processes, designs or plant varieties, and other intangible things such as trade secrets, goodwill and trade marks. Although intangible, the law recognises intellectual property as a form of property which can be sold, licensed, damaged or trespassed upon.

It is important that both the scope and ownership of intellectual property are clearly defined to enable the legal rights of the owner to be enforced. At the same time people need to know just how far they can go before they overstep the boundaries and infringe the intellectual property rights of others.

This is made possible with patents, design registrations, trade mark registrations, plant variety rights and copyright protection - all of which have a definable scope and duration.