Originality Requirement

Most key forms of intellectual property have an originality requirement. Thus copyright will usually only protect a work that has a modicum of originality on the part of its author or creator. The originality requirement in terms of patents is usually expressed as novelty. A trademark can only be obtained for something that is not already in use to describe or identify the same class of good or services and is not a word that is merely descriptive. The originality requirement is often expressed in the context of copyrights and design rights.

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