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Intellectual property right protects intellectual creations of a technical and aesthetic nature. this may also cover trademarks. Creations of a technical nature are technical inventions and innovations. Aesthetic creations cover literature, music and design. Trademarks include, to name but a few, brands, names, trade names, good and company logos.
Intellectual property rights are protective rights and grant the creator an exclusive right. The following is a very brief explanation of patent law, copyright law and design law.
If you have questions about the nuances of intellectual property rights, the attorneys at Teichmann International in St. Gallen, Zurich and Frauenfeld are happy to help you.
The purpose of a patent is to legally protect a technical invention. Products as well as processes can be patented. For a period of up to 20 years, it is possible to prohibit other people from commercially using one’s patented invention. In countries where the inventor has a valid patent, they can determine who manufactures, sells or imports said invention.
For a product or process to be patented, three requirements must be met. Firstly, the invention must be new, it cannot be an aspect of technology’s current state of the art. The current state of the art includes all knowledge that is already available to the public, anywhere in the world, when a patent for the product or process is filed. Secondly, the potential patent must be ‘inventive’, meaning it cannot be self-evident to a person working in that field. Thirdly, the invention must have commercial suitability.
The purpose of copyright is to protect artists who produce literary and artistic works. They are given the right to determine whether their work is (re-)used. Copyright law protects the manner or means by which a work or idea is represented. However, the idea itself or the concept behind the artistic creation is not protected.
No active action on the part of the author is required for copyright protection to take effect. The protection already begins with the creation of the work. However, this protection is also limited in time. In addition, there is no register in which this could be entered.
The purpose of design law is to protect all externally perceptible characteristics which comprise the appearance of a product. A design is the appearance of a product or parts thereof. It is characterized by the individual arrangement of lines, contours, surfaces and even the colors used. Also eligible for the distinctive character of a design is the material used.
In order for a design to be protected, various requirements must be met. The design must be new, and moreover, it must be sufficiently distinctive in essence, so that it is possible to differentiate it in its general impression from existing designs known to the Swiss public.