Читать книгу Intellectual Property Law for Engineers, Scientists, and Entrepreneurs - Howard B. Rockman - Страница 25

Depending on the nature of the technological project you are engaged in, one or several of the vehicles of intellectual property may be advisable to use. In some situations, you may not have any choice. If the subject matter of protection is a book or manuscript, patent or trademark protection cannot be obtained. For example, book titles other than periodical titles cannot be the subject of trademark registration, since each book title is descriptive of the precise book sold under that title. In some situations, multiple forms of protection will be available. In the case of a novel form of packaging, both article and design patent protection may be available, covering a novel construction embedded in the packaging, as well as the aesthetic outward design of the package. Also, the name of the product on the packaging would be susceptible to trademark protection, while the graphics used on the packaging label could be protected under copyright laws.

Which protection to be used is a business decision that must be arrived at by the owner of the invention or originator of the creative work. This decision should be made with the assistance of an attorney with experience in the intellectual property law field, and after the creator or owner has a full understanding as to the best vehicle or vehicles to be used for protection.