Searching for legal advice about Intellectual Property? Look no further. The articles and answers here contain a wealth of information regarding communications law, copyright and trademark law, music law, trade secrets and patents, computer law, and much more. Intellectual property (IP) refers to intangible property like ideas, thoughts, pictures, images and brands. Because the value of this type of property is not tangible (i.e. not easy to put a value on), regulation is required to prevent theft or abuse of intellectual property rights. Intellectual property laws are designed to give an inventor or creator ownership and enforcement rights in their ideas.
Intellectual property law is made up of sub-groups of laws each governing a specific type of intellectual property. These sub-groups include copyrights, trademarks, patents, and trade secrets, among others. The purpose of these laws is to protect valuable inventions, creative works or identifying images. For instance, a copyright prevents someone from reprinting and selling someone else’s already-published book or other written material. Essentially, copyrights protect written ideas and thoughts. Examples of this type of intellectual property include books, manuscripts, song lyrics, and poems.
A patent prevents someone else from using a design process, formula or invention that belongs to another. A patent focuses more on something, or how to do something. For example, many car makers are beginning to install buttons to start engines, rather than having the engine activated by the turning of a key. This new technology or process would be that something or that how to do something protected by a patent.
Trademarks protect the symbols or logos used to represent a company or a product; the mark or design that consumers use to identify with and distinguish between products. Examples include the Nike check symbol, the Harley Davidson logo, or the Covergirl Cosmetics reversed “C” and “G” emblem. All of these organizations protect their trademarks so that someone else will not taint the use of their product’s good name. It is important to understand the type of intellectual property your work falls under before filing for protection, this is because intellectual property laws depend heavily on the type of intellectual property one is trying to protect.
Intellectual property laws are designed to protect ideas and provide a remedy for a creator if someone infringes on those idea. However, the only time someone will have recourse is after they have taken the proper steps to secure their ownership interests. Before an inventor or creator files for intellectual property protection, they should understand which set of intellectual property rules apply and to what extent they are seeking protection. In some instances, more than one type of protection may be necessary. For example, several years ago Xerox not only needed patent protection for their ideas and processes, but also needed trademark protection for their brand name. Failure to file for the intellectual property protection could result in an inventor’s ideas being stolen or used with no recourse.
Filing for copyright or trademark protection may not be the only means to protect intellectual property. Many corporations will share information that could be deemed trade secrets during negotiations. In addition to the general intellectual property protections described above, an inventor or company may want to establish certain contractual provisions before they allow another individual or group to view their information; this can offer legal assurance that the viewing party can not exploit any trade secret revealed in the process of negotiations.
Infringement is really another fancy term for violation. Intellectual property violations and infringements occur when another person or company steals intellectual property that is legally protected in one of the ways discussed above (i.e. through a copyright, patent, or trademark). Continuing with the example above, if someone decided they liked the name "Xerox" and wanted to use the name and logo for a cool new line of athletic gear, the Xerox Corporation could sue for damages and obtain a restraining order to prevent the new company from using their name and logo. Other types of damages may be available to the inventor or creator depending on how their intellectual property was stolen, how that property was used, and the financial impact the use had on the inventor or creator’s business or income.
Regardless of the type of remedy sought in an infringement claim, most intellectual property laws require the filing of a federal lawsuit. This tends to throw people off because they see agencies as the “keeper” of intellectual property. Although inventors do file for protection with a governmental agency, the agency is not generally required to file an enforcement action on an inventor’s or creator’s behalf when an infringement occurs. A creator can represent him or herself in a lawsuit, but will be required to conform to the federal rules of procedure just as any other plaintiff. If the company or person violating the intellectual property protection lives in a different county or is using the intellectual property in another country, a lawsuit will probably need to be filed in that country. Adjusting to federal rules is challenging. However, grappling with international rules and procedures can be even more confusing. An intellectual property attorney with experience in international law will be in the best position to help with where and how to file an infringement lawsuit.
Only a person or entity that has filed for protection or has purchased the rights to protection can file a claim for property violations and infringements. One of the most famous examples is the estate of Michael Jackson. Even though he has passed on, his estate maintains intellectual property rights to music by the Beatles. While he was still alive, Michael Jackson purchased the right to that intellectual property. Should someone attempt to steal or infringe on that right, the estate of Michael Jackson, not one of his children individually, would have the right to file a suit for infringement.
Keep in mind, that not all intellectual property is protected forever. For example, patents are good for 20 years. Other types of intellectual property protections require an inventor to update their application annually. Failure to properly update intellectual property protection can result in a loss of protection and remedies for the inventor or creator. If you have a great idea or concept, take the steps to understanding how intellectual property laws work and how they can protect and preserve your rights to that idea. To learn more about how intellectual property laws and regulations work for your specific situation, refer to the links to intellectual property topics on this page for articles, answers interview and more.
Intellectual Property contains: 21 Articles, 183 FAQs
