Artificial intelligence has been in the news for some time. With the introduction of ChatGPT, and similar applications hastily launched by search engines and social networks, the debate has accordingly ignited on automated products, especially writing and visual art objects. Recently, the United States Federal Copyright Office published a new circular concerning the registration of rights in works that have been partly created with artificial intelligence.
These developments underscore the importance and value of intellectual property. So what is intellectual property? As its name implies, it is a good of design, and more often than not a concrete object. Admittedly, a sculpture constitutes a concrete object at the same time as an asset of intellectual property, but its value is allotted to the way of cutting the stone and is not limited to the value of its raw material.
There are three major classes of intellectual property: copyrights, trademarks, and patents.
Copyright protects the dissemination and reproduction of a work of literature, music, art, drama, etc. In the economic world, it can also include the code that forms computer software.
A registered trademark identifies a good, normally in “trade”, and this mark can be protected against another manufacturer or distributor whose product is likely to cause confusion among consumers. Alongside this, there is the notion of “service mark” for the protection of trademark rights on intangibles.
A patent protects an invention by granting the inventor a monopoly to exploit the invention for a limited period.
These are the outlines, the basis, of the notions of intellectual or industrial property. Virtually every country around the world has adopted some form of copyright, trademark and patent legislation, although the details may vary from jurisdiction to jurisdiction.
Copyrights are not limited to artists and performers in the world of music and theater, but truth be told, a copyright exists from the moment something is created. So, any person in the right place at a fateful moment who takes a photo of an event, is the author of this photo and has the right to control the distribution and reproduction of the photo. On the other hand, it is not possible to assign copyright to a “selfie” photo taken by a chimpanzee since he is… not a human being, so we cannot assign copyright to it. the picture. Hence, of course, the problem of creation by artificial intelligence, AI-generated plagiarism or other copyright infringement: the absence of human intervention.
The benefit of intellectual property rights is not limited to the artistic world as trademarks are of particular importance to entrepreneurs. A registered trademark can be used as a sign to identify the source of a product or service, including the name of a restaurant, or a pastry-bakery.
If the entrepreneur wishes to expand the business, either through internal growth or through recourse to the capital of others (for example through “franchising”), the registered trademark will undoubtedly constitute one of the most important elements of franchise operation and protection.
If you want to know more about the value of intellectual property, for example to better ensure the growth of your business without facing any unfair competition, contact:
David S Willig
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