What is Intellectual Property and What are its Types?

As the name suggests, intellectual property refers to the creations of the mind that have financial value. These creations fall under intellectual property rights.

1. Types of Intellectual Property in Taiwan:

(a) Copyright:
1.Works of literature, science, art, or other academic creations are considered as copyrightable. Any work with originality is eligible for copyright protection in Taiwan.
2.Copyright begins as soon as the work is completed, according to Article 10 of the Copyright Act. Registration is not required; authors have rights without it, making copyright different from other intellectual property rights.
3.Copyright owners have rights such as the right to attribution and reproduction. Unauthorized changes to attribution or reproductions without permission constitute copyright infringement.
4.For instance, if A creates a painting, A is the copyright owner. Others cannot alter the author's name on the painting or copy it without permission.


(b) Patent right:
1.Patents refer to legally recognized inventions or creative technologies. Patents are rights obtained by inventors, creators, or designers who apply for them with the government.
2.Patents are categorized into "Invention Patents," "Utility Model Patents," and "Design Patents," each undergoing different examinations. After examination, the government publishes the technical details. The patentee is granted a specific period of protection, 3.during which others cannot misuse the patented technology.
4.For example, if B discovers a new method of manufacturing chips, once B applies for and obtains a patent, others cannot use the same method for chip production within the protection period.


(c) Trademark right:
1.Any distinctive text, graphics, or other symbols can be trademarks. However, trademarks must be registered and approved by the government to have trademark rights.
2.Trademark rights prohibit others from using the trademark for packaging, selling, and other marketing purposes.
3.For instance, if C designs a unique logo as a trademark, once C registers it with the government, others cannot use this logo on their products.

2. Protecting Intellectual Property:
Taiwan does not have a specific Intellectual Property Law. Instead, intellectual property rights are protected through separate laws for copyright, patent right, and trademark right. Different aspects of the same product or service might enjoy multiple intellectual property protections. For example, D, who creates a work, can have copyright, patent right, and trademark right protections simultaneously for the same creation. Therefore, strategies for protecting intellectual property can be designed based on the content of the intellectual creation.

references： 雷皓明（認證法律人） 、張學昌（認證法律人）/ 智慧財產權？有哪些種類？