For Black History Month, I will discuss the different types of intellectual property and use an example from a Black individual to demonstrate the type of intellectual property in a real life context. So what are the different categories of intellectual property and why does it matter?
THE CATEGORIES OF INTELLECTUAL PROPERTY ARE:
1. Copyright
Copyright covers and original work of authorship that has been reduced to a tangible form or medium of expression. If you think about a photograph or a poem or a book or a song - these are all covered by copyright. Copyright protection is valid for the life of the author plus 70 years. The protection does last for a long time, but it often is not as strong of protection as the other categories.
Example: Martin Luther King Junior’s “I Have Dream Speech” is protected by copyright and his estate owns those rights - https://www.forbes.com/sites/samisrael/2021/01/18/martin-luther-kings-i-have-a-dream-speech-cant-be-used-without-his-familys-approval-heres-why/?sh=7a1494b67449
2. Trademark
Trademark covers anything that serves to identify the source of goods or services. My favorite example is Nike. They use the Nike name on the boxes to identify the goods. They also use the “swoosh” logo and the phrase “JUST DO IT”. There are examples of nontraditional trademarks that identify the source of goods and services, including the robin egg blue of the Tiffany’s bag and the chimes that identify NBC and in some cases, a certain scent that is used when you walk into a store. The color scheme of green and yellow serves to identify tractors as coming from John Deere. Trademark lasts as long as you are using the mark. So, it can go on indefinitely.
Example: The trademark F.U.B.U. for clothing was trademarked in 1995 and was originally owned by J. Alexander Martin - https://www.jalexandermartin.com/
3. Patent
Patent covers any useful, novel, and non obvious invention. There are also plant and design patents, but these are less common. The most common type of patent is a utility patent, which covers useful inventions. The utility patent lasts for 20 years from the date of filing.
Example: Mary Kenner is an inventor and she holds the most patents (5) of any Black woman. She is credited with inventing a toilet paper holder, a mounted back washer and massager, and other innovative products -https://www.blackpast.org/african-american-history/mary-kenner-1912-2006/
4. Trade Secret
Trade Secret is any secret that gives a company or a person a competitive advantage. There is no formal registration of the trade secret and it lasts as long as the information remains secret. Thus, the possessor of the trade secret must take steps to make sure the information remains confidential.
Example: Well, if I knew about this trade secret it wouldn’t be a trade secret anymore!
Why it Matters
The biggest reason for understanding the different categories of intellectual property is so that you understand what type of protection you might receive for your intellectual property. Each category has a different length of protection and has a different standard for obtaining the protection.
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