Introduction
Skills and knowledge-based skills are critical in shaping children’s mindset as they grow up to become adults. Ideally, children start learning at an early age through socialization with parents and siblings. One advantage of this early age learning is that it instils courage and adaptability among the learners. It is upon this premise that the idea to develop a Children’s Aromatic Library arose. Indeed, today, more children are learning about different things outside the classroom. They do not need the traditional classroom set-up to study. Traditionally, learning was highly linked to books and reading. Currently, numerous institutions have incorporated arts and crafts as part of the core curriculum. Interestingly, this type of learning is often mandatory for early education, but option as the child grows. Indeed, younger children are encouraged to learn through colouring, moulding, and painting.
This paper presents a suggested idea and highlights how it can acquire intellectual property under the US Intellectual Property Office. Additionally, the benefits of acquiring the IP for the product will be listed. A discussion on how the product can be protected in a global context will also be presented. It is critical to note that there is currently no direct way for the product to be protected in all countries. However, there are numerous ways the team can use through the US Intellectual Property Office to get protection in various countries. It is vital to note that both the end-user and the founders will felt the benefits of getting IP for the Children’s Aromatic Library. This makes it a viable method of protecting the interests of both the target and the other parties involved in the creation of the Library.
The Idea
The suggested idea is the creation of a package, in the form of a box, that will be referred to as the Children’s Aromatic Library. It will be made of two main components namely Perfumery Guide and the Perfumery Mini Lab. The first element will focus on introducing the learner to the world of scents. This will be done through an introduction to the ingredients that make up different kinds of fragrances. Additionally, the guide will include a component of sense of smell. The idea behind this inclusion is to encourage the participants to learn more about the power of their sense of smell, which is one of the key senses of a human being. Towards this end, the package does not only ensure the learners understand the world of perfume, but the world of smell all together.
Critically, the component of Perfumery Guide will also include a small brochure with information on each of the items found in the package. This brochure will be designed to be fun and easy to read for the target audience. It will also include formulation tips that the children can try in an attempt to understand different scents. Examples of the scents will also be given to ensure that the children have all the things they need to encourage them to use the box. Interestingly, the tips and guides given in this component are also to allow parents to guide their children at the beginning and then let them explore their own designed scents. This ensures that the learning also includes guardians and parents in the children’s learning and participation.
As mentioned, the second part of the Children’s Aromatic Library is the Perfumery Mini Lab. As the name suggests, this component includes the different items that will be used to actually make the perfumes. These ingredients will be presented in the form of dropper bottles. One advantage of this is that it the packaging allows the box to carry several similar droppers. Secondly, it makes it easier for the target audience, children, to use the ingredients. Early childhood learning can be messy, and the droppers make it easier to include the right measurements while also ensuring little, if any, spillage.
The element also includes empty bottles where the young learners can store their newly created scents. These bottles are for both storage purposes and gifting purposes. Arguably, after the participants create their own scents, they can gift friends and family. They can also go further and create specific scents for the different family members, ensuring that the Children’s Aromatic Library is engaging for the whole family. On the same note, the component will also have labelling stickers to add to the bottles and can give their scents creative names. These names can be tied to the ingredients used or to the individuals that will be gifted the scents as well. Therefore, each step or phrase of understanding and creating perfumes allows the child to interact with the whole family and learn something new. The additional fact that the idea relies fully on creativity ensures that the participants have a wider array of choice and are not limited by what other people believe to be the best scents. This is a deliberate approach to ensuring that their learning is not trapped within the confines of the usual societal expectations.
Relevance of the Idea
One factor that makes the idea relevant is that it engages children outside the classroom. Murray, Piper, and Robertson (2014) argue that although formal education has taken centre focus in early childhood education, learning skills outside the classroom is equally important. There are various things that children learn outside the classroom such as real-time problem solving and creativity. The idea will ensure that children challenge themselves to create better perfumes as they continue to understand their sense of smell and the world of perfumes. Importantly, making the process engaging for children allows them to practice and use their skills and knowledge to engage with their family and friends. The idea can be tied to scientific experiments that children will do afterward in their education. The idea is not only engaging for the participants but also fun and educative for the entire family.
Secondly, the idea is relevant as it encourages children to learn more about their sense of smell. As mentioned, this is one of the basic human senses, thus, an understanding of it will enable the children to also understand the human body from an early age. For example, they will be able to learn that various people react to scents differently. This is critical in ensuring that the child can appreciate differences and similarities among people. Ideally, through the Children’s Aromatic Library, parents can teach their children more than just scents but also how people are the same but different in some features. For example, the child might make a scent for his or her mother but make a different one for his or her father. In turn, this prepares the child to have an open mind in regard to differences between people and also cultures, later on in life.
Additionally, the idea is relevant as it allows the users to learn more from their parents or teachers/guardians. As mentioned, the Children’s Aromatic Library allows interaction between the children and their parents or even teachers. This is done through the encouragement of the parent to teach the child how the box works at the beginning. Since the tool is easy-to-use, it is expected that the child will only need a few lessons before he or she can make the scents by him/herself. They will be able to learn more about their parents and their teachers during these sessions. This is particularly due to the fact that the tool will encourage one on one sessions between the guardian and the user. Ghosh and Calboli (2018) argue that such close interactions between a teacher and a learner also help the latter understand human relationships.
Further, the idea will help introduce the users to entrepreneurship, which will also be a useful skill later in life. Depending on how the parent or teacher wants to use the tool, it can enhance the child’s understanding of processes, consequences in these applications, and basic business approaches. For instance, the child will be able to understand that the items he or she uses in the house all have to be created, in a similar manner, as the processes used to create the perfume. Simply, they will learn that all products have a process from conception to actualization. Additionally, the user will learn that each of the phases of a process have a consequence. On the same note, the basic principles of business such as the use of raw materials, cause and effect and balancing will be instilled in the child.
The Library Departments
One section of the library will be made up of books that the children can read to learn more about perfumery. The books will also have illustrations to make them more child-friendly. To ensure that the children understand the content expressed in the books, it is critical that the wordings used be simple with drawings and images. A second section of the Library will include different fresh flowers, trees and fruits. These are the core ingredients that will be used to make the perfumes. The children will be able to learn more about the scents these individual flowers, trees, and fruits have in order to also understand how to mix them properly. Due to the fact that the Library will have a combination of ingredients, it is critical that this department be the largest. The trees, fruits, and flowers will be planted in the section. Ideally, the children will have already learnt about the ingredients in the books section then get the scents in the flowers section.
The third department will be the mini lab, where the children will be able to mix the aromatic compositions and make the actual perfumes. This section will be monitored by a professional perfume maker who will also guide the children on how to do the mixing. As stated, the idea allows children to also create perfumes with their parents and teachers. Thus, the section will also be open to the guardians. The section will be filed with bottles, droppers, and labels, as mentioned previously. The children will also be able to crush the fruits, flowers and parts of the trees in the previous section on their own to make their own raw ingredients.
Safety of Library
Working with children requires that safety requirements be considered. One of the things that will ensure safety is the involvement of parents and teachers in the workings of the Library. The premise means that the parents and teachers will be able to work with their children as they develop the scents. Additionally, the Library will have professional staff who will both guide the users and ensure that all equipment is used correctly. It is important to note that the correct usage of the equipment, both in the mini lab and the book sections is also a safety concern. This is especially the case when it comes to mini lab as it will have titration among other perfumery equipment. Additionally, the raw ingredients will also be stored in dropper bottles as mentioned before.
Understanding Intellectual Property
The term intellectual property is often used to describe various contracts, although there are approximately ten different elements of the concept. The first is copyright, which, as WIPO (2020) explains, refers to protecting the work of the human intellect. Therefore, creations from the human mind, such as expressions of thoughts, are protected under intellectual property, but more specifically, they are under copyright. Some of the things that are often protected through this element include music and books. WIPO (2020) notes that the second element of intellectual property is related rights. These rights are directly linked to copyright, and the element protects the extra things that cover the development of a work by the human intellect (WIPO 2020). For instance, whereas the writer of a song is protected by copyright, the performer and producer of the same song are protected by the intellectual property under related rights.
The third element of intellectual property is trademarks, which are one of the most common intellectual property contracts. WIPO (2020) argues that these are the oldest forms of intellectual property and are mainly used to differentiate goods based on the company and quality. The examples that were given before are all forms of trademark disputes. Various things can be trademarked, including marks and names. The fourth element of intellectual property is geographical indicators (GIs). As the name suggests, they are used to identify goods and services associated with a region (WIPO 2020). For instance, Champagne is a GI as it is a wine that comes from the Champagne region of France. Any company that uses the same name for their product when they have no relation to the region will be going against intellectual property laws.
Industrial design is the fifth aspect of the more extensive intellectual property law. Buscaglia and Long explain that the term refers to the protection of a product or service’s appearance. Therefore, the look and feel of a product can be protected against infringement in the US Intellectual Property Office. On the same note, this law can be applied to both industrial products and home-made handicrafts. The sixth aspect is patent, which is also used commonly. Patent refers primarily to a document that gives claim to a legal right for an inventor (WIPO 2020). Therefore, a significant number of patents are given to innovators and gives them the authority to agree to or deny access or replication to other people.
Unfair competition is also a protection under intellectual property. WIPO (2020) reveals that this law protects companies such that no other company can create confusion through either communication or creating a near similar logo as the affected company. This is also part of the issue that Coca-Cola raised in its court case against Master that was used as an example of intellectual property. One can argue that this is not a direct protection under intellectual property. However, it is legally recognized as a necessary protection for the owners of all types of intellectual property. Indeed, international registration is also a critical part of understanding IP law. There are three central systems that one can use to register their intellectual property at an international level. These three are the Lisbon Agreement, the Madrid System, and The Hague System (WIPO 2020). The first two systems are the most used because the latter was discontinued as it can only be offered to countries in the Madrid Agreement, which was disbanded (WIPO 2020). One important reason why international registration is essential is the ease of transportation of goods and services from one area to another in this time and age.
Additionally, the ninth element of intellectual property is new plant variety protection. As the name suggests, the law protects both the creators and the actual new plants that have been developed. This type of protection allows people to acknowledge the breeders and give them their respect rights but does not offer the ultimate exclusive rights for the same. WIPO (2020) explains that this is due to the fact that the creation of the new plants is of interest to the entire world as people are always seeking better breeds that adapt to the changing times. Therefore, through this protection, the breeder is allowed exclusive rights for some time before other parties can use the new plant. Further, TK, TCE, and GR protection is also tied to intellectual property law. The law offers protection for traditional knowledge, traditional cultural expressions, and genetic resources. Debatably, this is a new aspect of intellectual property that was introduced in an attempt to protect cultural, intellectual property.
Each of the discussed elements of intellectual property is essential. Indeed, there are products, services, and creations of the human intellect that require more than one form of protection. For example, the mentioned case of Coca-Cola involves both trademark and unfair competition laws of intellectual property. The next session will identify the type of intellectual property that the suggested idea of the Children’s Aromatic Library will require.
Intellectual Property for Children’s Aromatic Library
The suggested Children’s Aromatic Library is viable to be protected under the US intellectual property law. The primary protection sought will be under the patent law. As mentioned previously, patents refer to protected innovations such that other parties cannot exploit them without getting official permission from the owner of the creation. It is essential to state that innovations can either be completely new ideas or a new way of doing things. The Perfume Library is not a new idea. However, the fact that it targets young children is a novel approach, making it ideal for getting patented. The patent will ensure that no other party can use the same Children’s Aromatic Library to gain monetary or honorary benefits.
Other protection rights can also be strictly linked to the patent. For instance, a trademark can be used to protect the logo that will be associated with the brand. This is important to protect the brand from other infringements. Additionally, it allows the owner of the creation to assure the product’s quality when it is released into the market. The public will be able to differentiate between this particular brand and others. Additionally, the owner can get protection under industrial design. Towards this end, the Children’s Aromatic Library’s physical appearance will be protected against any forms of infringement.
Process of Acquiring Intellectual Property
The process of acquiring intellectual property will be divided into two phases. The first will seek trademark protection. Ghosh and Calboli (2018) explain that this will require a separate filing at the Trademark and Patent Office. Interestingly, although the intellectual property office in the US government is a full unit, the patent and trademark functions are customarily combined. This goes to prove the need for acquiring both as they are closely related. The owner of the creation (Children’s Aromatic Library) will need to fill and submit a trademark application from with this specific office. The owner will require a copy of the logo or trademark that will be associated with the brand. Additionally, the office requires documentation of the owner of the creation, which is often the company (and its directors) that is associated with the brand. Importantly, the owner does not have to physically visit the office as the forms can also be downloaded online. The submission can also be made digitally as it is more efficient.
The owner has to search the Trademark Electronic Search System database to ensure that the same trademark has not been registered. There are various forms on the site that the owner has to choose from. For example, the standard form includes one for a single trademark, whereas a collective mark will be registered using a particular form. It is important to note that the Children’s Aromatic Library brand will not require a unique form as it will not have a collective mark. The site also allows the owner to file a response in the event that there are issues with the trademark application. It is important to note that trademarks do not expire, so the owner will only need to make this application once. An application fee of between USD 100 and USD 400 will also be required.
The second phase of acquiring intellectual property rights for the Children’s Aromatic Library is the filing for patent. This is done at the same office, and just like the trademark, one can download and make the whole application online (Federal antitrust guidelines for the licensing of intellectual property). The site reveals various components that affect patent application. First, the owner of the creation will learn about the step-by-step process of acquiring a patent. This information is shared under the Patent Basics (United States Patent and Trademark Office 2020). The innovator will also be able to search other patents to ensure that there is none registered that relates to the same innovation. When the search is clear, the owner will file in the required form. There is only one form to be filled, unlike trademarks. A fee of between USD 300 and USD 10,000 will be required to complete the patent application.
At the same time, the owner can apply for industrial design protection. This will be critical to ensure that other companies or people do not use the appearance of the product to their advantage without seeking permission from the right holder. All these rights will take a minimum of a couple of weeks and a maximum of two years. It is also important to note that whereas trademark does not expire, patent and industrial design are exclusively protected for a limited amount of time. The US Patent and Trademark office subscribes to The Hague System that allows the protection of patents for 14 years since the date of application. Therefore, the rights owner has to renew the patent when the tenure is over to enjoy the mentioned exclusive rights.
Intellectual Property and Global Representation
As mentioned previously, there is no single application that ensures the global protection of the Children’s Aromatic Library. There are numerous reasons why such protection would be viable. As explained earlier, today’s world relies on the ease of transportation of both people and goods that have been encouraged by technological advancements. Therefore, the Child Aromatic Library can be bought and used in other countries, but people can also replicate the idea in those countries. The fact that the product will be protected under intellectual property in the US does not guarantee its protection in other countries as well. In fact, other innovators can copy the exact design and functionality of the product in their countries. Therefore, to avoid this, it is crucial for the owner of the innovation to also seek protection in a global context.
WIPO (2020) explains that there are numerous challenges and limitations associated with seeking global protection for innovations. As mentioned, the first is that one will have to submit individual applications to all the other countries as well. Despite the fact that many countries have digitalised this process, the application will be tedious and capital intensive. Each of the targeted countries will have their type of fees that will have to be paid to ensure registration. Secondly, seeking global protection does not always guarantee that it will be provided. This is due to the fact that some countries have additional requirements for the registration of both trademarks and patents. Bearing this in mind, the owner of the innovation must find the best way of getting this worldwide protection as it is equally critical.
Despite the challenges, there is one more straightforward and less costly way of acquiring global intellectual property. WIPO (2020) explains that the rights holder can make a single application for both services under the World Intellectual Property Organization (WIPO). The innovator will still have to make the initial applications in the US Patents and Trademark office. This application has to be successful in order for the rights holder to apply for international protection. It is critical to note that WIPO requires a single application and also a set of fees. One advantage of using WIPO to register for international protection is the fact that the organisation ensures that all applications have the required supporting documents. This reduces the amount of time needed to get the rights certificate.
Additionally, different regions have differing processes for the application of intellectual property. WIPO will ensure that these applications adhere to the country’s different guidelines or regions to encourage the successful application of protection. Consequently, this saves the applicant significant time that would have been used to submit the individual applications. Subsequently, the amount of money paid in terms of fees is also lowered as the owner will only have to pay the fee once to WIPO. It is critical to note that the application through WIPO does not ensure successful registration. In fact, due to the fact that regions share similar processes, it is possible to find that the applications are successful in one country but not in another despite the fact that both nations are in the same region and adhere to the same intellectual property international system. However, the chances of getting approval are higher when using WIPO than when making the application as an individual.
Advantages of Acquiring Intellectual Property
One advantage of acquiring intellectual property for the Children’s Aromatic Library is that it protects the creator’s right. The rights are both in terms of monetary benefits and moral rights. WIPO (2020) explains that the latter ensures that the rightful creator is given credit when the innovation is being discussed or used. Arguably, the trademark ensures that the moral benefits of the innovator are considered. Therefore, if the innovator enters a partnership that allows another company to create similar Libraries, they will still recognise the original creator of the product. The monetary benefits relate to rewarding the work and creativity of the owner of the creation. Ideas that have not been worked on are rarely valuable. Their worth comes from the actual tangible product and intellectual property rights, then assure this.
Additionally, these rights ensure that the market value of the business increases. There are numerous things that the right holder can do to earn extra income from the rights. As explained before, the innovator will enjoy exclusive rights to the product. This denies other people from exploiting the product. However, the owner can license the same design and product to a company for a limited time. The company will then pay the innovator for the use, manufacture, and reproduction of the product for the agreed-upon time frame. The sale of a protected brand also tends to be more profitable than that of an idea that has not yet been protected. This is in the case the owner wants to sell off shares or the whole brand in order to participant in other activities.
The successful application of intellectual property rights is also a way of marketing a brand. It is a common assumption among the public that protected brands are of a higher quality than others. This is due to the fact that these products have to be tested for several things, including the safety of use. In the Children’s Aromatic Library case, it can be used to prove that the scents are safe for use by children and do not pose any health dangers. Additionally, the size of the bottles that are included in the Library are certified to be safe for child use. This will make it more likely for parents to buy the stated product. The trademark can also be used to assure consumers of the product’s quality by ensuring that they can easily identify the company that is associated with the product.
Additionally, a significant number of entrepreneurs today get funding to enhance their ideas. This is especially the case if the innovators are youth. Trainer and Allums (2019) explain that a significant number of investors will also be more inclined to give money to a protected product than one that does not. As stated earlier, it also ensures that the concerns brought on by exporting and international trade are averted. The protected product will be able to be sold and even transported to other regions. This is especially the case if the product has regional or global protection. In turn, such protection also ensures competition and increases the availability of quality products in the market for the consumer to pick from as needed. It is critical to note that the fact that a product is protected does not in any way assure its success in the market. However, this fact can be used to encourage the target audience to purchase the item through targeted marketing approaches.
Recommendations
It is recommended that the Children’s Aromatic Library attain trademark, industrial design, and patent protection from the US Trademark and Patent office. As explained earlier, all these rights require an individual application. After the successful application of these rights, it is recommended that the innovator seek funding to scale up the production of the product. It is expected that the innovator does not have much money to cater for both the acquiring of intellectual property and the production of several copies of the product. Trainer and Allums (2019) explain that one of the few disadvantages of intellectual property is that they are costly. This essay has highlighted some of the application fees that will have to be paid in order to ensure registration. However, it is also prudent to state that there are more fees that the applicant will have to pay in order to maintain the same. It is one of the reasons why numerous start-ups do not get any form of intellectual property for their products and services.
It is also recommended that the rights holder seek funding to cater to the production costs and global protection rights. Although WIPO offers a more affordable way of getting the global rights, it is still highly unaffordable for many start-ups. However, the US office’s initial protection will encourage funding for the rest of the application.
Conclusion
In conclusion, the identified product is the Children’s Aromatic Library, which will have two main components. The two components are the Perfumery Guide and the Perfumery Mini Lab. The primary purpose is that the Children’s Aromatic Library is to encourage children to learn more about the world of scents. They will be able to make their perfumes and use their creativity to mix ingredients to make customised scents for their family members and friends. It is important to note that the children will also be able to engage with both parents and teachers as they come up with different scents. Arguably, the Children’s Aromatic Library encourages the one-on-one participation between children and their parents, guardians, or teachers.
The idea must be protected as intellectual property. Ideally, the product can be protected under the patent law of intellectual property. Patents provide exclusive rights to innovators for their products. However, the rights are not for an unlimited period, and the creator has to renew the rights every 14 years. The patent application can be filed and submitted at the US Office of Trademarks and Patents, which is part of the US Intellectual Property Rights Office. It is critical to also mention that the proposed idea is safe for use for the children. The ingredients have been carefully curated to ensure that they pose no harm to the user.
References
Buscaglia, E & Long, C n.d, U.S. foreign policy and intellectual property rights in Latin America, Hoover Institution, New York, NY.
Federal antitrust guidelines for the licensing of intellectual property, ABA Publishing, Washington, DC.
Ghosh, S & Calboli, I 2018, Exhausting intellectual property rights: a comparative law and policy analysis, Cambridge University Press, New York, NY.
Murray, JL, Piper, ST & Robertson K 2014, Putting intellectual property in its place: rights discourses, creative labor and the everyday, Oxford, New York, NY.
Trainer, PT & Allums, EV 2019, Customs enforcement of intellectual property rights, Thomson Reuters
United States Patent and Trademark Office, 2020, Trademark, patent, or copyright? Web.
WIPO, 2020, What is intellectual property, Web.
Zhang, Z 2019, Intellectual property rights in China, University of Pennsylvania Press, Philadelphia, PA.