One of the things that has distinguished man from almost all other animals is that we have creations of the mind. True, the beaver instinctively knows how to make a dam and birds how to make a nest – some birds even decorate their nests to attract a mate.
But artistically, since early cave art that was created by ancient peoples like the San, mankind has been alone in his ability to use his brain to make artistic creations.
Man’s imagination is limitless, think of the creations of the mind that surround us every day; paintings, music, poems, novels, sculptures, computer programs and so on. But the creations do not stop there – think of the countless inventions, designs, trademarks – every artifact that you see around you has been, at some time or other, a creation of the mind.
But creations of the mind have always had the problem of being copied by others, and so throughout time laws have evolved that protect the various creations of the mind so that the creator benefits financially
out of his creations.
There are four distinct types of creation that are protected by the Law. The first of these is an invention. Provided an invention satisfies certain ground rules, namely that it is a completely new idea and that it is of some use in trade, industry or agriculture, it can be registered and patented. Patents can be granted by the Patent Office and are best registered through a patent attorney. Patents are normally valid for twenty years.
A second type of creation of the mind is a trademark – this is normally a brand name, a logo or a slogan that provides a distinct identity in the marketplace. A trademark can be registered with CIPRO through a trademark attorney and once registered the owner has the exclusive right to that trademark forever, though the registration needs to be renewed every ten years.
Designs are also creations of the mind that can be registered. There are two types of design – aesthetic and functional, and the former can be protected for 15 years, the latter for 10 years. An aesthetic design has to be new and original, there must be beauty is in its shape and configuration. It must be able to be produced by an industrial process.
A functional design has to be new and it must not be commonplace, the shape or configuration is necessitated by its function, and it must be able to be produced industrially. In each case the design should be registered with CIPRO through an Intellectual Property Attorney.
Works of the mind such as poems, books, paintings, sculptures and so on are all protected by copyright. Copyright differs from other forms of Intellectual Property in that it is not a right that needs to be registered. In order to be copyrighted the idea has to have been put down in material form – that is to say as a written word or a recording.
An abstract idea that is still in the mind cannot be copyrighted. Unless another party has commissioned the work, it normally remains the property of the creator, and no one may print or use it without the owner’s permission. It is normally sufficient to place a © with a name and the year at the foot of the article.
Copyright for written works remains the property of the owner for 50 years after his/her death, and computer programs for 50 years after they were first made known to the public.
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