APPRAISAL OF SMARTS Market Surveillance Technology (SMST) IN INTELLECTUAL PROPERTY (IP) LAW

INTRODUCTION

The scope of Intellectual Property (IP) is very wide. The field encompasses such legal concepts as trademarks, patents, design as well as copyright. Other legal concepts treated as species of IP are trade secrets, confidential information, utility model and geographical indications. All these deal in one way or the other with the protection of the fruits of man’s creative efforts. It might be a poem that you write, the name your hairdresser thinks up to sell his or her service or a mother’s invention for a non spill cup for babies1.

The man who thinks up a distinctive and original name, device or get-up to market his goods in order to make the goods easily recognizable or even more attractive to the average purchaser and had over a period of time procured through the quality of his goods substantial goodwill for the name, device or get-up deserves some protection for such name2

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