The law of immaterial goods can only be fully understood when we take each word of the phrase “law of immaterial goods” and look at it separately.
Law
In layman’s terms the law can be seen as the governing rules and regulations regarding specific aspects.
Immaterial
It refers to something without a body and thus something intangible.
Goods
It refers to products, services, designs, and names etc.
The law of immaterial goods thus refers to legislation governing intangible assets. Intellectual property thus applies since it refers to regulations and rules governing the creations of the mind – thus intangible assets. In this regard, copyright, trademarks, and patents are governed.
Types of intellectual property in more detail
You cannot obtain the right of ownership over an idea, wording or concept until you have published it. Copyright is automatically assigned once the author - thus originator of the words in specific order, picture, art work etc. puts the intangible into tangible form.
Trademarks are not automatically assigned. An application should be filed at the relevant trademarks office. The same applies for patents. Only once an application is filed, will provisional ownership apply. Once the registration is complete and the permanent rights are in place, the owner of the rights can benefit commercially for a specific period through the monopoly over his creation of the mind.
Who can help to ensure successful application and registration?
Although you can file a patent claim or application for trademark registration without the assistance of a lawyer, you will benefit from the expertise of the lawyer specializing in the law of immaterial goods.
The lawyer from for instance, Smit & Van Wyk will be able to conduct a novelty search and ensure that the specifications of a patent are done professionally.
Several other services are offered to help inventors, writers, musicians, artists, and business owners to get the most from their creations of mind.
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