Business Process -

 

Intellectual Property Protection

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Business and entrepreneurs must realize the importance of Intellectual property law to best safeguard their hard-earned formations and concepts from unfair rivalry. It is significant to seek specialized expertise from an intellectual property lawyer to enable an organization plan for achievement to evade the stealing of concepts, designs, and ideas. There are four types of intellectual property protection namely patents, trademarks, trade secrets, and copyrights. This paper is aimed at comparing the patent and copyright protections offered in Brazil and China compared to those in the United States.

In Brazil, the BIPL of 1996 establishes two types of patents: patent of invention and utility models. An invention is entitled to patent protection when it satisfies the necessities of industrial application, inventive step, and novelty. An invention will meet the novelty requirement when it is not part of the state of the art.  However, in the US a utility patent protects the composition of matter, article of manufacture, machine, a new and useful process, or any new or useful improvement thereof. Copyrights in Brazil are governed by the BCL which guarantees authors’ economic rights and moral rights to display, perform, adapt, and distribute the work. In the US, copyright protects the original work of authorship from the time the work is created.

In China, organizations are supposed to file applications with the State Intellectual Property Office (SIPO) for intellectual property which they perceive as valuable to their business for both fringe and core technologies. In the US, an author should file a patent application with the United States and Trademark Office (USPTO). In China, agencies must register their works with the National Copyright Administration because registration is a public record that can be used as useful evidence during disputes. Nevertheless, in the US an application for copyright registration may be submitted online to the United States Copyright Office.

 

  References

Kanwar, S., &Evenson, R. (2013). Does intellectual property protection spur technological change?. Oxford Economic Papers, 55(2), 235-264.

Lee, J. Y., & Mansfield, E. (2016). Intellectual property protection and US foreign direct investment. The review of Economics and Statistics, 78(2), 181-186.