Intellectual Property Law


Intellectual Property Law





Intellectual Property Law Firms
Intellectual Property (IP) Definition

IP is defined as an intangible form of property, as opposed to personal property or real property, which is concrete and much more easily defined. IP is the result of the creation of the brain or the mind, which is then manifested or interpreted in a form that has a physical existence and possesses exclusive property rights. Examples include images, symbols, names, designs, industrial processes and business methods used in commerce; inventions; artistic, literary and musical works; and software.

What is Intellectual Property (IP) law? This is the area of law that deals with and oversees the creation of intellectual property patents, copyrights, trademarks and trade secret laws; the protection of intellectual property rights; and the legal pursuit of those who infringe on another’s rights to his/her intellectual property. It overlaps with several other areas of law, such as patent law, copyright law, contract law, tort law, trademark law and litigation.

Both statute and common law play a part in IP law. Trade secrets are established through common law and to protect them, one must utilize the legal options provided by contract law and tort law. Statute creates and governs trademarks, patents and copyrights, which represents ownership of an original idea for a limited period of time. Such artistic and creative works as paintings, music, books, photographs, movies and software may be protected by copyright law. Trade secrets, patents and trademarks laws are most often utilized by businesses because of the commercial value of the protected property.

Copyrights and patents are governed exclusively by the U.S. Constitution and Congressional legislature, while both federal and state laws deal with trademarks and some aspects of unfair competition disputes. IP law is a continuously evolving, extraordinarily complex area. Even though Patent law is a very complicated and specialized field in itself, many attorneys who have received the necessary extra education in patent law, have gone a step further and also distinguish themselves as specialists in the area of IP law.

Federal and international treaty laws govern most of the areas of International IP law. They do not oversee trade secrets. With today’s global use of the worldwide web, comes the unfortunate ease of appropriating other people’s creative product, works and ideas. To deal with this new threat, IP rights and laws must be addressed at an international level and cooperation between countries is necessary to protect these rights and govern this area. Visit Us at Google+ Copyright HG.org

Intellectual Property Law - US

  • ABA - Intellectual Property Law Section

    The ABA Section of Intellectual Property Law is the largest intellectual property organization in the world and the oldest substantive Section of the ABA. Since 1894, we have advanced the development and improvement of intellectual property laws and their fair and just administration.

  • 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

    Welcome to the Intellectual Property Law Server. The Server has been online since March 1997 and serves approximately 15 million pages a year. The Server provides information about intellectual property law including patent, trademark and copyright. Resources include comprehensive links, general information, space for professionals to publish articles and forums for discussing related issues.

  • 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)

    The United States Patent and Trademark Office (USPTO) is the Federal agency for granting U.S. patents and registering trademarks. In doing this, the USPTO fulfills the mandate of Article I, Section 8, Clause 8, of the Constitution that the Executive branch "promote the progress of science and the useful arts by securing for limited times to inventors the exclusive right to their respective discoveries." The USPTO registers trademarks based on the Commerce Clause of the Constitution (Article 1, Section 8, Clause 3). Under this system of protection, American industry has flourished.

  • USDOJ - Intellectual Property Policy and Programs

    The Department of Justice and other agencies are continually working to improve protections for intellectual property rights and the enforcement of intellectual property laws. You can find information on DOJ initiatives, summits, and speeches in this section. This section also contains information on U.S. interagency efforts, such as NIPLECC, as well as international efforts to protect intellectual property rights.

Intellectual Property Law - International

  • EU Legislation - Intellectual Property

    A uniform system of protection of intellectual property rights, ranging from industrial property to copyright and related rights, constitutes the foundation for creativeness and innovation within the European Union. Respect of the basic principles of the internal market (the free movement of goods and services and free competition) is based on standardisation of intellectual property at European level. Protection of intellectual property is covered by many international conventions, most of which are implemented by the World Intellectual Property Organisation (WIPO) and the World Trade Organisation (WTO).

  • International Intellectual Property Institute (IIPI)

    As an international development organization and think tank, IIPI is dedicated to increasing awareness and understanding of the use of intellectual property as a tool for economic growth, particularly in developing countries.

  • Interpol - Intellectual Property Rights (IPR) Programme

    The group’s mission is to provide an advisory group function; assist INTERPOL to develop strategies to combat transnational organized IP crime; and, encourage National Central Bureaus (NCBs) and national law enforcement authorities in INTERPOL member countries to dedicate more resources to IP crime enforcement.

  • World Intellectual Property Organization (WIPO)

    The World Intellectual Property Organization (WIPO) is a specialized agency of the United Nations. It is dedicated to developing a balanced and accessible international intellectual property (IP) system, which rewards creativity, stimulates innovation and contributes to economic development while safeguarding the public interest.

  • WTO - Trade-Related Aspects of Intellectual Property Rights (TRIPS)

    Information on intellectual property in the WTO, news and official records of the activities of the TRIPS Council, and details of the WTO’s work with other international organizations in the field.

Intellectual Property Law by Country

Organizations Related to Intellectual Property Law

  • 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 Association

    The Intellectual Property Association is made up of individuals, businesses, institutions, and organizations involved with the development, promotion, protection, and utilization of Intellectual Property.

  • Intellectual Property Owners Association (IPO)

    IPO is a trade association for owners of patents, trademarks, copyrights and trade secrets.

  • Virtual Intellectual Property Organization (VIPO)

    The mission of the Virtual Intellectual Property Organization is to provide access to information, as well as representation and legal services support, relating to intellectual property matters, including enforcement and dispute resolution, for users of all types of virtual environments.

Articles on HG.org Related to Intellectual Property Law

  • U.S. Copyright Office Takes on Mass Digitization
    The U.S. Copyright Office recently published a report that addresses one of the most controversial areas of copyright law right now—the mass digitization of books. According to the agency, the report is intended to facilitate further discussions among the affected parties and the public regarding possible approaches to the issue, including voluntary initiatives, legislative options, or both.
  • Live Streaming Possible up to a Certain Limit, Rules ECJ - Germany
    The ECJ has ruled that the spreading of television programs via live streaming without the creator’s consent shall not be possible.
  • Update: Twitter Finally Lands Coveted “Tweet” Trademark
    James Eliason, CEO of Twittad, indicated that Twitter’s battle for ownership of the “tweet” trademark may finally have come to an end. According to Eliason, Twitter would drop a trademark lawsuit it filed against his company that sought to nullify Twittad’s registered trademark of the word “tweet.” In return, Twittad would transfer its registered trademark of “tweet” to Twitter, he said.
  • Trademark FAQ: Does a Trademark Last Indefinitely?
    A trademark can last indefinitely, but it will require some action of the part of its holder. In general, you must file the appropriate maintenance filings with the U.S. Patent and Trademark Office and adopt certain business practices in order to keep your trademark alive.
  • Should China Overhaul Its Patent System?
    A European business group is calling on China to make big changes to its patent system. The European Chamber of Commerce in China argues that the current Chinese patent system hinders the country's ability to innovate and may be detrimental to foreign companies. The group released a report recommending a total of 52 changes.
  • The Obama Administration Wants Your Input on IP Policy
    The Obama Administration is working to develop a new strategy for intellectual property enforcement and is asking for the public’s help.
  • Is the USPTO Trying to Phase Out Paper Trademark Applications?
    The U.S. Patent and Trademark Office allow trademark applicants to conduct much of their business electronically through the Trademark Electronic Application System (TEAS). Trademark applicants can file an initial application form online, as well as submit other documents including a response to an examining attorney's Office action, a change of address, an allegation of use, and post registration maintenance documents.
  • Is the U.S. Copyright Office Changing Its Stance on Jailbreaking?
    Every three years, the U.S. Copyright Office reconsiders exclusions to the Digital Millennium Copyright Act’s provisions prohibiting the circumvention of technological measures that control access to copyrighted works.
  • Patent FAQ: Can I Protect My Intellectual Property Overseas?
    Unfortunately, the rights granted by a U.S. patent or trademark can only be enforced in the United States and generally have no effect in a foreign country. Therefore, a company who wants to safeguard its intellectual property rights in other countries must take additional steps to ensure international protection.
  • April Marks Important Milestone for Patent Law
    The U.S. patent and Trademark Office celebrated an important milestone earlier this month. April 10 marked the anniversary of the first U.S. patent law, which was enacted on April 10, 1790.
  • 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.