In the dynamic world of creativity and innovation, Intellectual Property Rights (IPR) serve as the lifeblood of ideas, offering legal protection for inventors and creators. But beyond the legal jargon and intricate procedures, there are fascinating aspects to IPR that often go unnoticed. In this article, we’re going to delve into ten intriguing facts about Intellectual Property Rights, offering a refreshing perspective that could enhance your understanding and appreciation of this critical field.
1 – First Copyright Law
The first Copyright Law established is the Statute of Anne, enacted in 1710. Named after Anne, Queen of Great Britain (1665-1714), this groundbreaking statute marked a significant shift from protecting the interests of publishers to authors. It granted authors the legal rights to their works for 14 years, with the opportunity for renewal if the author was still alive at the end of this period. The Statute of Anne laid the foundation of modern copyright law, embodying principles such as the notion that copyright is a right of the author not a publisher, and that a work’s financial benefits should chiefly go to its creator. This pivotal law paved the way for the international development of copyright, fostering creativity and inspiring similar legislation worldwide.
2 – Oldest Active Trademark
The oldest active trademark belongs to the British brewery, Stella Artois, which received its trademark protection in Belgium in 1366. Trademarks protect brand identities, including business names, logos, and slogans. They serve to distinguish products or services offered by different companies, ensuring that consumers can identify the source of a product or service. This is vastly different from copyright laws, which safeguard creative works such as books, music, and artwork. While copyright is automatic upon the creation of a work, trademarks require registration and are only protected within the industry where the trademark is used. Also, unlike copyrights, which have a limited duration, trademarks can be renewed indefinitely as long as they are in use and maintain their distinctiveness.
3 – Most Patented Inventor
The accolade for the most patented inventor goes to Thomas Alva Edison, an American inventor and businessman renowned for his contributions to modern industrialization. Edison held 1,093 US patents in his name, along with many others in the United Kingdom, France, and Germany. His plethora of inventions spanned a wide range of areas including electric power generation, mass communication, sound recording, and motion pictures.
Some of Edison’s most significant inventions include the phonograph, the motion picture camera, and perhaps his most famous – the practical electric light bulb. His innovation with the light bulb was not necessarily in its invention, but in creating a practical, long-lasting bulb that could be produced on a mass scale and used in households. He also pioneered the establishment of electricity distribution systems, reshaping the way society functions. Edison’s prolific patent record stands testament to his immense creativity and ingenuity, affirming his place in history as one of the greatest inventors of all time.
4 – Costliest Patent
The most expensive patent ever sold is the Nortel patent portfolio, which fetched a staggering $4.5 billion in 2011. Nortel, a defunct Canadian telecommunications corporation, had amassed an impressive trove of around 6,000 patents and patent applications covering a wide range of technology, from wireless, wireless 4G, data networking, optical, voice, internet, service provider, semiconductors to others. As Nortel went bankrupt, its patent portfolio was put on auction as a strategic move to liquidate its assets.
The high price tag can be attributed to the rich array of patents and the pivotal technologies they cover, many of which are integral to the modern digital age. The portfolio was perceived as a treasure trove that could provide a significant competitive edge in the rapidly evolving tech industry. The auction attracted fierce competition from leading tech corporations, ultimately being won by a consortium of companies including Apple, EMC, Ericsson, Microsoft, Research In Motion, and Sony. The multi-billion dollar acquisition showcased the immense value and power of intellectual property rights in influencing corporate strategies, market dominance, and innovation pathways.
5 – Intellectual Property in Outer Space
The realm of Intellectual Property extends even beyond Earth’s atmosphere – into outer space! The question of IP rights in space is a truly fascinating one. For instance, if an astronaut on the International Space Station (ISS) writes a song, who holds the copyright? According to a NASA agreement, the copyright would belong to the nation of the astronaut who created it, highlighting how IP law is being adapted to fit even the most extraordinary circumstances. This illustrates that as humanity continues to push the boundaries of exploration and innovation, IP rights continue to evolve and adapt to these new frontiers.
6 – Mickey Mouse Protection Act
The Mickey Mouse Protection Act, more formally known as the Copyright Term Extension Act (CTEA) of 1998, is a piece of American legislation that extended the duration of copyright protection in the United States. This act gained its nickname due to the role of the Walt Disney Company, who lobbied for the change when the copyright for its iconic character, Mickey Mouse, was about to enter the public domain.
Prior to the act, copyright for works created by individual authors lasted for the author’s life plus 50 years, and for works of corporate authorship the duration was 75 years from the date of first publication. The CTEA extended these terms to life of the author plus 70 years, and for works of corporate authorship to 120 years from creation or 95 years from publication, whichever endpoint is earlier.
The act was controversial, with critics arguing it effectively makes copyright perpetual, preventing the free use of works that should by now belong to the public. Proponents, however, posit that it protects creators and ensures they (or their heirs, or the companies they sold their rights to) can reap the financial benefits of their works for a longer period. The Mickey Mouse Protection Act is a critical piece of modern IP legislation, demonstrating the power of corporate interests in shaping IP law and policy, and underscoring the ongoing tension between protecting the rights of creators and the societal benefits of a rich public domain.
7 – Scent Trademarks
Extending beyond the conventional use of logos and symbols, trademarks can also be applied to distinctive scents, known as olfactory trademarks or scent trademarks. While it may seem unusual, a scent can serve as an identifier of a product’s source, much like a visual logo or brand name. The concept of scent trademarks is not universally accepted and the criteria for registering one varies from country to country. In the United States, for instance, the Trademark Manual of Examining Procedure stipulates that a scent can be trademarked if it is not functional (i.e., not a natural byproduct of the goods) and if it has acquired distinctiveness. An example of a registered scent trademark is the unique floral fragrance of Verizon’s retail stores, which was registered with the United States Patent and Trademark Office in 2014. Despite the intriguing potential of scent trademarks, their use remains relatively rare due to the challenges in defining, registering, and enforcing them.
8 – Color Trademarks
Just like scents, colors too can serve as distinctive elements associated with a brand, and hence, can be trademarked. This concept, known as color trademarks, refers to the use of a specific color or combination of colors that have become so closely associated with a specific brand that they help consumers identify the source of a product. The key condition is that the color must serve a purely distinctive purpose, and not be functional or aesthetically appealing alone.
For instance, Tiffany & Co., the luxury jewelry brand, has a trademark for a particular shade of robin egg blue, known as ‘Tiffany Blue’, which is used on its boxes and bags. Similarly, the distinctive pink color used by Owens-Corning for its fiberglass insulation is another example of a registered color trademark. The process of registering a color trademark can be complex and requires demonstrating that the color has achieved secondary meaning, i.e., consumers associate the color with the brand’s goods or services. Color trademarks highlight the creative avenues companies can explore to establish and protect their unique brand identities.
9 – First Software Patent
The first software patent ever granted is a subject of much debate due to the nebulous definition of what constitutes “software.” However, a common contender for this title is U.S. patent number 3,380,029, granted on April 23, 1968, to Martin A. Goetz. This patent covered a “Data Processing System for Hub and Spoke Airlines” – basically, an early computerized reservation system. The patent was assigned to Applied Data Research, a software company founded by Goetz that pioneered in selling software independently of hardware. The granting of this patent was a significant event, marking a shift in the recognition of software as a unique invention that could be protected by law.
10 – Plant Patents
Plant patents represent an intriguing element of intellectual property law, applying specifically to the domain of botany. Granted by the United States Patent and Trademark Office, a plant patent protects a new and distinct variety of plant that has been asexually reproduced. This type of patent was established under the Plant Patent Act of 1930, with the first ever plant patent awarded to Henry Bosenberg for his creation of a climbing or vining rose.
Not all plants, however, can be patented. For example, tuber-propagated plants or plants found in an uncultivated state are not eligible for plant patents. Furthermore, the plant must be asexually reproduced, that is, reproduced by means other than from seeds, such as by the rooting of cuttings, grafting, budding, or tissue culture.
The purpose of plant patents is to stimulate innovation in the field of horticulture and agriculture. By granting exclusive rights to sell and use the patented plant, inventors are incentivized to develop new, improved plant varieties. As with other forms of patents, plant patents have a term of 20 years from the date of patent application. The concept of plant patents underscores the breadth and adaptability of IP rights, which can extend to cover living organisms and the very food we eat.
