Popular Articles

Follow Us

1,000FansLike
1,000FollowersFollow
1,000FollowersFollow

Intellectual Property Law

Intellectual Property law deals with laws to protect and enforce rights of the creators and owners of inventions, writing, music, designs and other works, known as the “intellectual property.” There are several areas of intellectual property including copyright, trademarks, patents, and trade secrets.

Copyright law protects the rights of creators in their works in fine arts, publishing, entertainment, and computer software. The laws protect the owner of the work if others copy, present, or display the owners work without permission.

Trademark law protects a word, phrase, symbol or design that is used by an entity to identify its product or service. Examples are Dunkin Donuts orange and pink sausage style lettering, Apple’s apple logo, and Adidas’ three stripes. Trademark owners can prevent others from using their marks, or marks which are confusingly similar so that consumers would not be able to identify the source.

Patent law grants protection for new inventions which can be products, processes or designs and provides a mechanism for protection of the invention.The patent law promotes the sharing of new developments with others to foster innovation. The patent owner has the right to protect others from producing, using, distributing or importing the protected item. Essentially the patent is a property right that can be licensed, sold, mortgaged or assigned.

Trade secrets are business practices, formulas, designs or processes used in a business, designed specifically to provide a competitive advantage to a business. These trade secrets would not be otherwise known to an “outsider” of the business. An example of this is the formula for Coca Cola. Trade secrets are protected without registration and appropriate steps should be taken by the owner to maintain confidentiality.

WHAT DO INTELLECTUAL PROPERTY LAWYERS DO?
The three broadest segments of an intellectual property practice are counseling, protecting and enforcing. Client counseling centers around how best to protect the intellectual property that the client has or would like to develop. In trademark law, the lawyer will conduct searches on trademarks proposed by the client and counsel the client with respect to availability. In cases where a client has already invested time, energy and money, and a prior use in a similar industry is found, discussions with a client might include modifying or even abandoning the client’s mark. In the case of patent counseling, the lawyer must have a technical background in order to best understand the client’s patent and to assess its validity or likelihood of patent infringement.

Protection of intellectual property involves registering the trademark, patent or copyright to obtain the greatest rights available for the client’s asset. In the case of a trademark or patent, the process involves preparing and filing an application with the United States Patent and Trademark Office (PTO) and responding to actions issues by the PTO until the trademark is registered or patent issues.

Finally, enforcement of intellectual property involves protecting the owner of the intellectual property against infringing uses. This can lead to litigation in federal court.

Other components of practice may include licensing, due diligence in connection with mergers or acquisitions, and developing strategies for international and domestic intellectual property protection, Skills that are helpful for lawyers in the IP area are communication skills-both written and oral, negotiation skills, and business acumen. Intellectual property law frequently has domestic and international considerations.

Related Articles

Legal Action of Wisconsin: A Comprehensive Guide

Well, butter my biscuit and call me a cheesehead! When you think of Wisconsin, the first things that might pop into your noggin are...

Your Step-by-Step Guide: How to File a Lawsuit and Navigate the Legal Waters

Ever felt like you're drowning in a sea of injustice, and the only lifeboat in sight is the law? Well, you're not alone. Many...

The Law of Immigration: Dive into the Journey of Coming to the United States

So, you're itching to set foot in the Land of the Free, huh? Don't worry, you're not alone. Every year, countless dreamers, just like...

Should I Use Fake or Artificial Flowers at My Wedding?

Flowers are an integral component of every wedding ceremony and reception. Flowers create the ideal ambience and atmosphere on your big day with elegance,...

How do I know which bankruptcy lawyer is right for me?

No two bankruptcy cases or lawyers for bankruptcy are ever the same, making choosing an attorney an intricate task. When searching for one, the...

A Guide to Notary Services

What is a notary public? Notaries public are individuals appointed by their province to serve in the capacity of official witnesses for document signing. Notaries...

Probate Lawyers: What They Do and How They Can Help You

What Is a Probate Lawyer? What Is a Probate Lawyer? An attorney for probate is an official state-licensed lawyer who assists executors and beneficiaries to...

8 Tips for Finding a UK Immigration Lawyer You Can Trust

8 Tips for Finding a UK Immigration Lawyer You Can Trust It is not always easy to find an experienced UK immigration lawyer. Here are...

Property/Real Estate Lawyer

Property/Real Estate Lawyer Two primary functions are performed by real estate lawyers in the real-estate world. They can either be litigators or they handle the...
spot_img
error: Content is protected !!