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Design and Applied Technology (Secondary 4-6)

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1.2 INTELLECTUAL PROPERTY

‘Intellectual property’ refers to intangible property rights. It is different from physical

property rights of tangible objects. The family of intellectual properties have members of

trademarks, patents, copyright, registered designs, etc. They are living around us, such as

brand names, logos on clothes, articles in newspaper, TV programmes, pop songs, films,

computer games, and fashion designs.

Intellectual Property Symbols

Protecting intellectual properties can be understood as protecting creativity. However, some

ideas may not be protected. For example, in order to balance the interests of different sectors

in society, a pharmaceutical invention may be protected by patent registration, but a special

medical treatment not.

1.2.1 The value of intellectual property and the principles of legal protection of design

To have an environment that creativity and hard work are encouraged and rewarded, the

efforts of artists, designers, writers, inventors, programmers and other talents have to be

protected. Unlawful duplications discourage creators’ creativity and hard work.

In Hong Kong, the party responsible for formulating policies and legislation on intellectual

property as well as implementing public education programmes is Intellectual Property

Department. At the same time, the Customs and Excise Department is responsible for

fighting against infringement of intellectual property rights.

1.2.2 Copyright

Copyright does not suppress an idea, but protects the expression of the idea, i.e. how the idea

is expressed or presented. Expressions recorded in tangible items (or works) are protected by

copyright. For example, written records, sound recording, pictures and photographs, original

literary works, script, lyric, drama, music, technical drawings, sculptures, software, films,

broadcasts, cable programmes and layouts of published works. Normally, the creator of an

item is the first copyright owner.

Copyright arises automatically when an item is created, requiring no registration. In Hong

TM

SM

Copyright

Trademark

Registered

Trademark

Service Mark

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