Berne Convention — officially titled, “The International Union for the Protection of Literary and Artistic Works,” the 1886 treaty, signed by many nations in Berne, Switzerland, granted distinct economic and attribution rights for works of art and literature. The treaty was updated numerous times. The US added its signature to the treaty in 1989.

Copyright — protects the authors of original works of literature, art, music, films, drawings, photographs and other intellectual works. The copyright protects the form of expression, including reproduction, derivation, distribution, performance and display rights. for the life of the author or artist plus 50 years. The Copyright Act of 1976 acts as the basis for US law; however, copyrights are international.

Domain Names — registered URLs for company Internet Web sites are protected by trademark. A company cannot use another company’s domain name, brands or product names for its URL.

Electronic Copyright Management Systems — controls access to electronic information and protects the content owner’s IP rights. Many new technologies are being developed to prevent unauthorized copying and distributing of software, music and other digital information.

Fair Use — a provision within US copyright law that permits the limited use of copyrighted material for teaching, commentary and criticism purposes. The four factors considered to determine fair use are the purpose of use (as in for profit or not), the nature of the material used, how much of the original material was used and the effect of its use. The last point attempts to determine if the creator of the work was deprived of sales or economic benefit. Additionally, just acknowledging the source of the information does not constitute fair use. Permission must still be obtained to use copyrighted material.

Intellectual Property — the tangible expression of an original idea, invention, work of art, literature, music, etc. and the ownership rights associated with that expression. IP must possess commercial value to receive legal property rights. The rights enable the owner to protect it from unauthorized use.

Neighboring Rights (Related Rights) — are exclusive rights for performers and producers of sound and audio-visual recordings. They are generally included under US copyright law.

Patent — provides legal protection of new inventions, processes, machines and original designs, as well as distinct new varieties of plants. Originality, novelty, utility and “nonobviousness” are taken into consideration when granting a patent. A patent prohibits the making, using, selling or importing of the invention without the owner’s permission. Patents typically run for 20 years from the date of filing, although different terms may apply to different types of patents.

Patent Cooperation Treaty — signed by more than 50 nations, the treaty enables an inventor to file one international patent application (in addition to the main patent) when applying for a patent in more than one country for the same invention. The treaty was drafted by the WIPO and became effective for member nations in 1978.

Trademark — can be a word, a symbol, a name or device, typically used in business to distinguish a company or product from its competitors. Companies trademark brand names, so competitors cannot use a name so similar it would confuse consumers. It does not protect other companies from selling the same products or services under a different brand name or mark. The Lanham Act of 1946 incorporates the trademark obligations of the US under the Paris Convention and is the basis for current US trademark law.

Trademark Law Treaty — adopted at the 1994 WIPO Diplomatic Conference, the treaty attempts to simplify the trademark filing process. It also gives servicemarks the same legal protection as trademarks.

WIPO (World Intellectual Property Organization) — part of the United Nations, this Geneva-based organization was formed in 1967 to promote IPR internationally. With more than 160 member nations, the organization is responsible for numerous multinational treaties and model IP laws.

WIPO Diplomatic Conference — an 18-day international conference held in Geneva in 1996. Its goal was to revise the Berne Convention. Two treaties resulted from the conference. The WIPO Copyright Treaty sets forth rights to protect literary and artistic works, including software and films. The WIPO Performances and Phonograms Treaty was the first international treaty protecting artists and producers of recorded music from digital piracy. Participating nations ratified and implemented the treaties.