Intellectual Property Law
What is Intellectual Property Law?
Intellectual property law deals with the rules for securing and enforcing legal rights to inventions, designs, and artistic works. Just as the law protects ownership of personal property and real estate, so too does it protect the exclusive control of intangible assets. The purpose of these laws is to give an incentive for people to develop creative works that benefit society, by ensuring they can profit from their works without fear of misappropriation by others.
Article I, Section 8 of the U.S. Constitution gives Congress express authority to grant authors and inventors exclusive rights to their creations. Section 8 also gives Congress the power to regulate interstate and foreign commerce, providing further support for its right to legislate in this area. Intellectual property laws passed by Congress are administered by two government agencies, the U.S. Patent and Trademark Office, and the U.S. Copyright Office.
Patents give inventors the right to use their product in the marketplace, or to profit by transferring that right to someone else. Depending on the type of invention, patent rights are valid for up to 20 years. Qualifying items include new machines, technological improvements, and manufactured goods, including the “look” of a product. Patent protection will be denied if an invention is found to be obvious in design, not useful, or morally offensive.
Trademarks protect symbols, names, and slogans used to identify goods and services. The purpose is to avoid confusion, deter misleading advertising, and help consumers distinguish one brand from another. Since the goal is to distinguish, generic or purely descriptive marks may not qualify. Rights can potentially last forever, and they are obtained by simply using a mark. While not required, owners can register their marks for additional protection.
Copyrights apply to writings, music, motion pictures, architecture, and other original intellectual and artistic expressions. Protection is not available for theories or ideas, or anything that has not been captured in a fixed medium. The act of creation itself produces a copyright and unpublished works are still protected. Use of a copyright symbol and date is common, but not mandatory. Most copyrights are valid for the creator’s lifetime, plus 70 years.
Protecting Against Infringement
Infringement refers to the unauthorized use of intellectual property. To protect against infringement, owners should take steps to put the world on notice that their rights exist. Providing notice helps deter infringement by making the owner’s rights more visible to those who might inadvertently violate them. It also triggers additional legal benefits, and puts the owner in a better position to prosecute an infringement in court, if that becomes necessary.
Inventors can give notice of their rights by marking their product with the patent number assigned to it by the Patent and Trademark Office. The label “patent pending” can also be used to discourage others from copying the design before the patent is awarded. Notice of trademarks and copyrights is given by placing the appropriate symbol (™, ©, etc.) on the material, and then registering the mark or copyright, so it can be added to the government’s database.
If infringement does occur, rights to intellectual property can be enforced in federal court. Before filing a lawsuit, however, owners will want to consult with an attorney and carefully consider whether litigation is in their best interests. Infringement cases are expensive to prosecute, and there is always a risk that the owner’s rights, once held up to the scrutiny of a court proceeding, will be revealed as invalid or less extensive than the owner believed.
In the event an owner of intellectual property does sue, and the lawsuit is successful, a number of remedies will be available. The court can order an injunction, meaning the infringer must stop what it is doing. Substantial money damages may also be available. In addition, once the owner’s rights are established in court, the infringer may agree to a license agreement. This allows use of the intellectual property to continue, with payments going to the owner.
Rights to intellectual property can be incredibly lucrative, making individuals huge sums of money. Infringement claims have also bankrupted large, profitable companies without warning. With so much at stake, anyone dealing with issues in this area of the law should seek the advice of an attorney. Firms specializing in intellectual property law are available to help owners who are looking to establish, profit from, or defend their rights.
Get Help from an IP Attorney
If you have created or obtained the rights to something unique, an intellectual property attorney can help you protect your interests. Conversely, if someone has accused you of infringement, you want legal counsel to help you fight back. Contact an attorney today to learn more.
Know your Rights!
- Is it Illegal to Buy Counterfeit or Knockoff Designer Goods?
To answer the question, it is first important to distinguish between a counterfeit and a knockoff product.
- Protecting Trade Secrets: How to Draft a Nondisclosure Agreement
Protecting your competitive advantage – your trade secrets – can be critical to growing your business. And, one of the best ways to do that is through the use of the nondisclosure agreement.
- What is a Patent Troll?
Many have read about legal battles fought between large technology companies and entities referred to as “patent trolls” and wondered, “what is a patent troll?” Obviously, it has something to do with patent laws and infringing on someone's patent rights, but what does it really mean? Who does it apply to? Is anyone who asserts a patent infringement a “troll,” or just certain people and entities? Where did the term come from?
- What is Plagiarism?
Plagiarism is usually defined as the "wrongful appropriation" of another's words, thoughts, ideas, or expressions and the misrepresentation that they are the representer's original work. Of course, with a definition that broad and vague, most any sort of researched work might be considered plagiarized. However, plagiarism is considered academic dishonesty, but is not a crime, per se.
Articles About Intellectual Property
- Copyright Office Proposes New Protection for Pre-1772 RecordingsThe U.S. Copyright Office recently recommended that sound recordings made before February 15, 1972 be brought under federal copyright law. Under the current copyright regime, recordings made before that date are protected under state law.
- What is a Patent Troll?Many have read about legal battles fought between large technology companies and entities referred to as “patent trolls” and wondered, “what is a patent troll?” Obviously, it has something to do with patent laws and infringing on someone's patent rights, but what does it really mean? Who does it apply to? Is anyone who asserts a patent infringement a “troll,” or just certain people and entities? Where did the term come from?
- Patent Litigation: Google Vows to Stand Behind Android VendorsAndroid vendors face a growing number of patent lawsuits from competitors, including formidable opponent Apple Inc. However, help may be on the way. Google executive chairman Eric Schmidt recently stated that his company will stand by those firms in any patent lawsuit.
- Trademark FAQ: Is Your Product Eligible for a Trademark?Owning a Federal trademark registration provides several advantages, including the ability to file a trademark lawsuit to protect the mark. In order to obtain that protection, applicants must be able to show current use of the mark in commerce, or their intent to use their mark in commerce in the future.
- How Do The Law and Social Media Intersect?Finding someone who does not have a Facebook, Twitter, Google+, LinkedIn, or other social media profile is getting harder to do. Granted, there are still a few stalwart holdouts, but the vast majority of Americans use social media everyday (in fact, you may have come across this article in your social media feed). With social networking such a huge part of our lives, are there any social media laws? How are common legal issues resolved when they occur in a social network?
- NFL Player Loses Race to Trademark OfficeWhile Baltimore Ravens linebacker Terrell Suggs may be good at defending the quarterback, he has a lot to learn about protecting his intellectual property. Suggs recently lost a race to the federal trademark office, after trying to cash in on a stunt he pulled before the team’s recent playoff game against the Pittsburgh Steelers.
- Is the Patent Fast Track Working?The Track I Prioritized Patent Examination Program appears to be doing its job, according to a recent blog post by Peggy Focarino, the USPTO Commissioner for Patents. The expedited track allow inventors and businesses—for a fee of $4,800—to have their patents processed within 12 months.
- Muhammad Ali Hoping for a Knockout in Trademark Infringement CaseMuhammad Ali has entered the legal ring, accusing digital bookseller Kobo Inc. of using the former heavyweight champion’s “Float like a butterfly, sting like a bee” slogan in an advertisement without permission. The trademark lawsuit seeks injunctive relief against Kobo, requests that it recall and destroy all allegedly infringing advertisements, and seeks attorneys' fees and damages.
- Ninth Circuit Outlines Boundaries of Computer Fraud and Abuse ActIn United States v. Nosal, the Ninth Circuit Court of Appeals was asked to determine the boundaries of the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030. It ultimately concluded that violations of an employer's computer use policy did not amount to "exceeding authorized access" under the CFAA.
- Is it Illegal to Buy Counterfeit or Knockoff Designer Goods?Every year, millions of Americans visit the little bodegas and shops, often located in ethnic ghettos of large cities, to purchase counterfeit or knockoff designer goods. Others buy these items online, at flea markets, or dozens of other locations. Wherever one goes, there is some question as to the legality of such transactions. After all, one is knowingly buying a product that is a copy of a trademarked and copyrighted work. Is this legal?
- All Intellectual Property Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Intellectual Property including: copyright, domain names, licensing law, patents, trade secrets and trademark.
Intellectual Property Law - US
- ABA - Intellectual Property Law Section
- American Intellectual Property Law Association (AIPLA)
The American Intellectual Property Law Association (AIPLA) is a 16,000 member, national bar association constituted primarily of intellectual property lawyers in private & corporate practice, in government service, and in the academic community.
- Intellectual Property Law Server
- Office of the Administrator for External Affairs (EA) - IP Enforcement and Policy
The USPTO leads efforts to develop and strengthen both domestic and international property protection and advises the Secretary of Commerce, the President of the United States, and the Administration on patent, trademark, copyright, and copyright protection.
- Office of the United States Trade Representative (USTR)
USTR's Office of Intellectual Property and Innovation (IPN) uses a wide range of bilateral and multilateral trade tools to promote strong intellectual property laws and effective enforcement worldwide, reflecting the importance of intellectual property and innovation to the future growth of the U.S. economy.
- United States Patent and Trademark Office (USPTO)
- USDOJ - Intellectual Property Task Force