Intellectual property is one of the most important components of the creative industry. It helps to protect the creator’s ownership of the idea. In order to understand the term of Intellectual property, the case study of Naomi Korn was introduced during the session. The case enabled me to look into the legal elements which formulates a Fair dealing agreement between the stakeholders of the creative work. Therefore, I have realized in a deeper dimension why the intellectual property is worth to explore and bring to practice.
After the class, I have looked into Intellectual property in the theoretician viewpoint. Hansen’s (2003) classified intellectual property into four major components which are copyright, patent, trademark, and trade secret. The research makes a comparison of these four categories and differentiates the roles of them. The concept of copyrights is correlated to the aforementioned criteria. Second, Patent refers to the exclusive right granted from an invention that creates the new technical solution, or the new way of doing something to solve an existing problem. The product or service with the patent will need the criteria of its novelty, practicality, and usefulness. The patent helps avoid others to use the same invention without having a license. Third, Trademark is a distinctive sign or indicator that identifies the product or service to be different from others. Trademark helps communicating with the customers with the notion of the product source. With trademark protection, it is forbidden to use the similar mark or confusing customers with the indistinguishable mark. Fourth, a trade secret is information in doing business. It has a commercial value; it is maintained in confidential; it is a secret data among the employees and selected holders only. A trade secret is mostly in knowledge, know-how or valuable information within the organisation.
When it comes to architecture industry, the creative field of my interest, Intellectual property is necessary for every activity of architectural works. it protects the right of the owner’s good, land and buildings. The inventor can be benefited from their creativity and work with security. When the aesthetic and functional design are protected, architects and practitioners would have more opportunity to create architectural works. Thus, it is necessary to prevent these creative works from unauthorised use and copying. Therefore, it is necessary to state clearly who will own the Intellectual Property right between the creator and the owner. If it remains in the contract that the intellectual property’s owner is the architect, the architect can grant permission under a license to the clients and allow them to use the ‘assignment’ for the construction purposes for the referred building only. The client is prohibited to use this Intellectual property right to construct other buildings because the right belongs to the architect.
In brief, the term of intellectual property in architecture should be a motivated issue upon the general practice within the creative industry. Supporting awareness and moral rights would help preventing from infringement.