Industrial Property vs. Intellectual Property?
Quote from barbapappa on February 25, 2019, 3:05 amIntellectual Property and Industrial Property? Where is it defined?
Intellectual Property and Industrial Property? Where is it defined?
Quote from Martin Schweiger on February 25, 2019, 3:09 amIndustrial Property is a subset of Intellectual Property. Where Intellectual Property encompasses all creations of the human mind, Industrial Property includes only patents, trademarks, industrial designs, utility models, service marks, trade names, and geographical indications.
Paris Convention for the Protection of Industrial Property, Article 1 (3) states:
Industrial property shall be understood in the broadest sense and shall apply not only to industry and commerce proper, but likewise to agricultural and extractive industries and to all manufactured or natural products, for example, wines, grain, tobacco leaf, fruit, cattle, minerals, mineral waters, beer, flowers, and flour.
World Intellectual Property Organization WIPO definition:
Industrial property include patents for inventions, industrial designs (aesthetic creations related to the appearance of industrial products), trademarks, service marks, layout-designs of integrated circuits, commercial names and designations, geographical indications and protection against unfair competition.
In some cases, aspects of an intellectual creation, although present, are less clearly defined. What counts then is that the object of industrial property consists of signs conveying information, in particular to consumers, regarding products and services offered on the market. Protection is directed against unauthorized use of such signs that could mislead consumers, and against misleading practices in general.
There is also a very simple but common negative definition of Industrial Property: Industrial Property is Intellectual Property without Copyright.