Copyright | Patents | Trademark | Trade Secret | |
What’s Protected? |
Original works of authorship, such as books, articles, songs, photographs, sculptures, choreography, sound recordings, motion pictures, and other works. |
Inventions, such as processes, machines, manufactures, compositions of matter as well as improvements to these. | Any word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others. | A formula, practice, process, design, instrument, pattern, commercial method, or compilation of information that is not generally known. |
Requirements to be Protected |
Work must be original, creative and fixed in a tangible medium |
An invention must be new, useful and nonobvious | A mark must be distinctive (i.e., that is, it must be capable of identifying the source of a particular good) | A trade secret must not be generally known to the public, confers an economic benefit due to its secret nature, and there must be reasonable efforts to maintain its secrecy. |
Term of Protection | Author’s life plus 70 more years. | 20 years | For as long as the mark used. | For as long as it remains secret |
Rights Granted | Right to control the reproduction, making of derivative works, distribution and public performance and display of the copyrighted works | Right to prevent others from making, selling using or importing the patented invention | The right to use the mark and to prevent others from using similar marks in a way that would cause a likelihood-of-confusion about the origin of the goods or services. | Right to prevent others from misappropriating, using and disclosing the trade secret. |
To open in a new tab, click: What is the difference between copyright and other forms of Intellectual property?
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