Glossary

One that originates or creates (e.g. God is the author of the universe, a playwright is the author of a play, etc.) With respect to intellectual property, an author is: an architect; an artist; a composer; a writer: i.e. the originator of a creative work. As for inventors, their authorship is assumed but never formally acknowledged nor validated through patent.

Specially created trademark depicting the letters CB denoting Copyright Business.

The exclusive worldwide right to produce, reproduce and interpret all or part of a creative work ~ i.e. a "Work of the Mind".

Copyright drawbacks & weaknesses: Demands the creation of a literary and/or artistic work in which the author must includes his original concept.

1) To make or cause to be or to become; 2) To bring into existence; 3) To create by artistic means; Schoenberg created twelve tone music.

From create: to bring into existence any original concept by expressing it in a tangible form in a literary or artistic work, i.e. a "Work of the Mind".

From democracy: the absence of hereditary or arbitrary class distinctions or privileges.

USD System licensee and distributor of the Intellectual Passport  in France.

1) Not divided or shared with others; (syn.: sole) 2) excluding much or all; 3) not divided among or brought to bear on more than one object or objective.

Comment: ownership is the exclusive right to use property. It is the international right to use one's natural property, a "Work of the Mind" : a creative literary or artistic work. In comparison, a monopoly is restricted to the country that awards it.

n. (from v. to hold) A person who holds: a) the holder of a right; b) one that holds or occupies the property of another by agreement, esp. under a lease.

Comment: The keeper (i.e. holder) of a trade secret can choose to commercially exploit the invention or service himself, or he can concede the commercial rights by way of license. In this way, commercial rights are held by licensees or franchisees. One holds such commercial rights by virtue of a license contract. In law, holding means to dispose of something without owning it.

Violating the rights of another for one's personal benefit. (e.g. fabrication or distribution of an invention patented by another without approval or violation of another's copyright for commercial purposes).

From innovate: to introduce a new product or service, the result of invention or of a creative work, to the market.

One who innovates.

Comment: One who introduces something new or previously unknown into an established system. The innovator is often an entrepreneur with a vision.

Literally and legally: Ownership of a Work of the Mind by its author. One must not confuse true "intellectual property" with the "institutions of intellectual property" that gather titles of monopoly and other non-properties under their aegis. In practice, intellectual property is the generic heading used by many to define the progressive application of commercial, legal and judicial practices resulting from the interpretation of the laws governing human creation, invention and innovation.

A literary and artistic work that provides intellectual property to inventors and creators of all kinds of concepts. An expression of one's creative nature, it provides the author with a universal, inalienable and permanent record of ownership. It is the inventor's private personal moveable property.

Maintains secrecy, where required. Provides instant international property authentication; formally establishes the author of an invention, thereby inhibiting copying, espionage, plagiarism, etc.; simplifies business strategies by providing an international business forecast and a complete set of contracts; facilitates subsequent patent or design patent applications; quantifies the commercial potential of the innovative concept and the commercial intent of the author, thereby supporting damage claims in court concerning unauthorized copying of all or part of the work.

The product resulting from the discovery of an inventor.

According to the rules of Intellectual Property, the inventor is the first one who, after study and experiment (i.e. discovery), defines and produces for the first time a device, contrivance or process that meets the criteria of patentability. From a more literal point of view, the inventor is the one who after study and experiment, defines and produces for the first time a device, contrivance or process, whether or not it is patentable. This would include service-oriented concepts (for example).

A privilege granted by government to an enterprise exempting it from the "free market" system.

Comment: According to the laws governing intellectual property, the monopoly granted by patent (or industrial design) is restricted within the country granting such a title. One should therefore extend one's patent to the countries where the invention is to be commercially exploited. Extending one's patent and defending it in court internationally is very expensive. By comparison, one freely enjoys copyright exclusively and worldwide, since the work remains its author's property, wherever it is produced or reproduced or interpreted.

A temporary title of monopolistic commercial exploitation (max. 20 years) awarded by government. Patent is not a Deed of Ownership. It does not provide the patent holder with copyright. Copyright results only from the ownership of a Work of the Mind.

Patent drawbacks & weaknesses: Requires public disclosure of the inventor's secret; there is an obligation for prompt commercial activity to grow and sustain the monopoly; high cost for international coverage and recurring cost that include periodic renewal fees over the twenty year period in each country where it is registered.

From liberate: to raise to equal rights and status.

Related to the illegal production, reproduction and interpretation of all, or part, of a Work of the Mind while passing it off for one's own original work.

n. (Proprietor: from Latin proprietarius - proprietas/ Owner: own OE ohnien, ahnien, AS & amcr;gen, p.p. of āgen to possess): One who owns property, who uses property rights for his exclusive enjoyment.

Comment: According to international conventions on copyright and the internal laws governing Nations, the author naturally owns his Work of the Mind, merely by creating it, i.e. by putting it into concrete form onto a physical medium. The right resulting from such a work ~ i.e. "Copyright" ~ is as unquestionable as parental affiliation, and for the same reason: both are a natural extension of one's self. Much like a child who is conceived by his parents, the Work of the Mind originates in its author. In both cases, legal authorities are merely acknowledging such facts in writing.

Comment: There is one major difference between the origin of a Work of the Mind and that of a child. The former results from a creative act whereas the latter results from procreation. Humans cannot own their progeny. A work does not procreate. As a creative achievement, works are the definitive and indubitable property of their authors. This is why the author enjoys inalienable, hence universal and permanent property. All forms of property that are purchased through transactions (e.g. payment, barter) have nothing to do with human creativity; indeed, there is no natural link between such properties and their owner. This is why such ownership ends with death (the property is transferred to the estate).

To cover or shield from that which would injure, destroy, or detrimentally affect; secure or preserve usually against an attack, disintegration, encroachment, or harm. (For author's comment, see "protection" below).

The act of protecting.

Comment: Given the misleading use of the words "protect" and "protection" within the field of Intellectual Property, these terms have been excluded from the USD System vocabulary... In USD System texts, they appear only where quoted. Ironically, patent (or any other title) has always purported to "protect" inventions, when in fact, to actually qualify patent as "protection" is both inaccurate and absurd. The only "protection" that a patent titleholder has is his financial means to defend his right to a monopoly.

n. (from Latin titulus, see title). One who holds a title.

Comment: A person who applies for and obtains a utility patent becomes holder of a national title (with the possibility of extending the title internationally). Similarly, for decorative and ornamental objects, one becomes titleholder of a "design patent" (in U.S.), or "industrial design" (in Canada and Great Britain) and "drawings & models" (solely in continental Europe). One also holds a trademark. Much like an exclusive license, titles of monopolistic commercial exploitation are granted by State sovereignty for a limited period of time. Given the specific conditions governing patent applications, becoming holder of such a title can have serious repercussions: one must forfeit any access to copyright. Why? Because, according to Intellectual Property Law, monopolistic titles are industrial privileges for the commercial exploitation of inventions. Furthermore, inventions are classified under the same heading as findings or discoveries (one can only find what previously existed and had not yet been discovered). Since neither findings nor discoveries can be classified as creative works ~ i.e. Works of the Mind ~ , they do not result in a natural property. Unlike Authorship of a Work of the Mind, monopolistic titles can therefore not provide ownership of an invention, hence copyright. Consequently, the words "ownership" and "property" cannot be applied to monopolistic titles, even though inventors are often led to think that holding such titles and owning property are one and the same thing. Literally: a titleholder is someone who holds a title, i.e. has a legal right but no property (much like a driver's license). Patent is a temporary and monopolistic right to commercially exploit a product; failure by the holder (i.e. the presumed author of invention) to promptly pursue his title (either directly or indirectly) is tantamount to abuse of monopoly. In such a case, the government is entitled to invalidate all or part of the privilege and eventually grant the title to a third party. In contrast with the restrictions inherent in titles, only the owner of a Work of the Mind automatically enjoys the right resulting from his property: copyright. There is no need to apply for such a right, since it is granted automatically as a result of a creative work. The author declares the creation of his work, whereupon the administration sends him either a registration (ISBN - National Library) or copyright number, depending on his choice. The government acknowledges the tangible result of such human creativity much like it does the birth of a child.

The USD System licensee (a USD-3) and the distributor of the Intellectual Passport  in Canada.

USD System stands for Universal Strategy Development System. The U.S. holding company that licenses the rights to commercialise the Intellectual Passport  .

A Work of the Mind is a creative, and therefore original, work of art. In order to provide its author with the specific and exclusive right of "copyright", this work must truly be artistic; one must create it according to the techniques and rules that govern a recognized art such as literature. Writing phrases or words, doodling, or scribbling shapes and forms does not in itself constitute a work of art nor by extension a Work of the Mind.