What is intellectual property?

Intellectual property is the output of human mental activity, or creative work.

Intellectual property is divided into

  • copyright,

  • rights related to copyright,

  • industrial property rights.

Copyright will apply at creation of literary, artistic or scientific works (see Estonian Authors' Society).
Industrial property rights can applied for in the Patent Office.

Related rights are derived rights because the subject-matter of a related right presupposes the existence of a pre-existing work, which is a work protected by copyright.
These rights belong to a performer, producer of phonograms, broadcasting service provider, producer of the first fixation of a film, a person who, after the expiry of copyright protection, for the first time lawfully publishes or lawfully communicates to the public a previously unpublished work, and a person who publishes a critical or scientific publication of a work not protected by copyright.

The main objects of industrial property are:

A trade mark is a sign used to distinguish the goods or services of a person from other similar types of goods or services of other persons. Noticing a trade mark a consumer should understand that the product is offered by a particular company.

Patents and utility models are forms of legal protection for inventions.  Invention is a solution to a technical problem in any field of technology, which is new, involves an inventive step , which is not obvious to others with good knowledge and is capable of industrial application. 

An industrial design is a two-dimensional or three-dimensional design of the product, which, either separately or in combination, form the shape, configuration, ornamentation, colours, texture and material of the product.
Industrial property includes also:

  • Geographical indications
  • Integrated circuits

The rights and obligations of the owners of the objects of industrial property

  • The owner of the object of industrial property (trademark, patent, utility model, industrial design) is obliged to pay a fee for the renewal of the validity of the registration of the object of industrial property to maintain the object of industrial property.
  • The Estonian Patent Office should be informed about any changes in the data concerning the owner of the object of the industrial property.
  • The owner of the object of industrial property has the right to abandon, to pledge, to transfer his/her rights fully or partially to other persons etc.
  • Jaga

Last updated: 25.04.2022