Dissertation about Understanding the Role of Law in Copyrights and Trademarks in Business Transactions

Introduction

Copyright proposes authors a legal instrument that compensates them for their creative works. Copyrights are not outright, and a copyright holder never has comprehensive control over all probable practices of the work. A copyright is the right given to inventors for their artistic works or literature, incorporating mediums such as books and e-books, newspapers, plays, computer programs, databases, films, musical compositions, paintings, photographs, sculpture, architecture, advertisements and maps. Copyright does not hold concepts, processes or procedures, mathematical concepts or systems of operation¹. The objective of copyright law is to rule out the unlawful use or piracy of any artistic work or literature by a third party. Works that are not secured by copyright law belong to the public.

Trademark law permits consumers, in the marketplace, to rapidly recognize a product they adored or disliked earlier. As a result, trademarks enable companies and consumers to differentiate among the various competing manufacturers of a given product. No one is permitted to trade or supply possessions beneath the look that the possessions develop from someone else. The prominence of consumer protection cannot be exaggerated, and the regular consumer standard should persist the significance of the analysis, and also for field name litigation. Trademark protection encourages three main policies: defense of the trademark holder’s goodwill, safety of the consumer, and the efficiency of economy².

Scope of Trademark

Trademarks have been employed to entitle the source or foundation of products for years. A trademark is any word, symbol, name, or device, or any combination of these, utilized by a company to categorize itself as the basis of specific goods and differentiate its goods from those manufactured or retailed by competitors.

Source: https://link.springer.com/chapter/10.1007%2F978-3-030-59009-3_1

Trademark in Business

A trademark is something that is used to detect and decide the goods or services of one company from the others. In the business world, a trademark is usually referred to as a brand name or simply a brand. Trademarks embrace words, logos, names, symbols, and taglines or slogans. Trademarks normally display on the definite product or on its packaging. However, service marks appear regularly in marketing for the services or on company websites. Trademarks are also important to the success of licensed businesses.

A trademark is one of the most significant business resources that a company will endlessly own because it ascertains and differentiates the company and its products/services in the marketplace from its respective competitors. Therefore, it is good practice for all business owners to take appropriate action to safeguard and implement valuable trademarks³.

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Scope of Copyrights

Copyright relates to any original work of authorship secured in a perceptible medium of expression. It defends the mode in which an author utters knowledge or a set of particulars, but not the concepts or facts themselves. Moreover, copyright relates to an original work of authorship, secured in a concrete medium embodiment consisting of facial expression, body language, and reactions to other performers and features of a scene.

Copyrights in Business

Copyright is a form of security provided to the creators of “original works of authorship” including literary, dramatic, musical and artistic works. Copyright law usually delivers the copyright owner with the exclusive right to use and reproduce the copyrighted work, to prepare derivative works, to distribute copies of the copyrighted work, to accomplish the copyrighted work publicly, and to display the copyrighted work publicly for a very long time (for example, 95 years after the work is published by your company).

Copyrights can be used to safeguard your company’s original creative works – sales brochures, advertising and promotional materials, videos, instruction manuals, photographs and website content – from being used by others without your permission⁴. As a copyright owner, you can control how your work is reproduced, circulated and presented publicly. Importantly, you can stop others (including competitors) from using your copyrighted works or works that are considerably similar to yours.

Conclusion

The above scrutiny of copyright and trademark law permits us to understand IP rights while preparing our own IP rights indices.241 Moreover, the constant development of the legal regulation and enforcement of IP rights, results in a nonstop alteration of an index regarding copyright and trademark protection. The brief econometric analysis further shows the significance of zekcopy6 and zekmark6, and the competitiveness in attracting FDI inflows. Finally, the investigation of the legal background of copyright and trademark law shows a continuous development of the legal regulation and enforcement of IP rights. Therefore, there is a need for unceasing modification of an index (zekcopy6- zekmark6) regarding the protection of trademarks, copyrights, and IP rights⁵.

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References

1. López Martínez, I. (2020). The Reconciliation of Secondary Liability for Trademark and Copyright Law Through Tort Law in Different E-Commerce Situations. a Comparative Study Between Us and EU Systems. Available at SSRN 3771170.
2. Power, B., & Reid, G. C. (2020). The impact of intellectual property types on the performance of business start-ups in the United States. International Small Business Journal, 0266242620967009.
3. Hutukka, P. (2020). Intellectual Property and Financial Markets Law in Comparative Context.
4. Ponomareva, D. V., Maggs, P. B., & Barabashev, A. G. (2020, November). Copyright and protection of scientific results: the experience of Russia, the United States and the countries of the Near East. In Journal of Physics: Conference Series (Vol. 1685, No. 1, p. 012018). IOP Publishing.
5. Samiee, S. (2020). International marketing and the internet: a research overview and the path forward. International Marketing Review.