Intellectual Property Law Overview
Intellectual Property Law Overview
The following is an intellectual property law overview, including types of intellectual property, associated laws, and intellectual property’s importance.
What is Intellectual Property Law?
Intellectual Property (IP) consists of intangible assets. It is formed through creative thought or invention. Intellectual Property includes, for example:
· Patents
Intellectual Property Rights (IPR) attach to a myriad of creative expressions. Also, IP rights can be found throughout businesses as extremely valuable assets. Therefore, understanding how to protect the various forms of intellectual property rights is imperative to maintaining those rights.
An Intellectual Property Overview of IP Laws
IP laws can vary by jurisdiction. And, different laws apply to different types of IP. There are US federal laws as well as state laws that apply to such rights. Different countries also have their own laws. However, there are various international treaties that integrate and help provide cohesive international laws covering certain areas. Additionally, the World Intellectual Property Organization (WIPO) is an international forum of the United Nations that serves to create policy and promote the importance of IP rights.
Trademarks & Trade Dress – An Intellectual Property Law Overview
Both trademarks and trade dress are governed by US federal statute, the Lanham Act. However, registration of this intellectual property with the United States Patent and Trademark Office (USPTO) differ somewhat. Therefore, IP rights owners should seek the advice of counsel experienced with advising on trademarks and trade dress rights.
Trademarks are words, phrases, and/or logos that identify the source of goods or services. Trade dress is the look and feel of a good or service that serves to identify the source. For example, trade dress is found in the design of a unique glass soda bottle or the look of a famously known restaurant. Businesses build brands and gain customer loyalty through this intellectual property. The cost of achieving recognition and establishing high-quality value behind a mark or trade dress can be expensive.
Our trademark attorneys understand the process of using trademark to build business and create valuable brands. We work with clients from start-ups to globally established companies on trademark registration strategies and enforcement programs. We also provide the following trademark and trade dress IP related legal services, for example:
· Trademark Licensing
· Portfolio Management and Maintenance
· Trademark Oppositions and Cancellations
· Protection and Enforcement Programs
· Trademark Infringement Defense and Litigation
· Review, Draft, and Negotiation of Contracts Involving Trademark & Trade Dress Rights
Copyrights – An Intellectual Property Law Overview
Copyright is an exclusive right in a creator of an original work of authorship. For example, the following are protectable copyright works:
· Literary Works
· Visual Arts
· Performing Arts
· Sound Recordings
In the United States, copyrights are governed by the Copyright Act. Registration of copyright isn’t necessary for the right to be established. Therefore, copyright registration is a legal formality. Copyright registration creates a public record and provides constructive notice of rights in a work. Federal registration is through the Library of Congress. Although copyright registration isn’t required for copyright protection, it is necessary to file a lawsuit in U.S. court for copyright infringement.
Our copyright attorneys provide copyright registration, maintenance, and enforcement services to protect and preserve creative work rights. In addition to copyright registration, our intellectual property attorneys also assist with protection of unique, creative copyrights works through:
· Copyright Licensing, Agreements, and Contracts
· Due Diligence Reviews
· Monitoring for Infringement
· Cease and Desist Letters
· Social Media Monitoring and Enforcement
· Best Practices Counseling
· Copyright Litigation (Prosecution as well as Defense)
Patents – An Intellectual Property Law Overview
A patent is an exclusive right to an invention over a period of time. Patent rights can exclude another from engaging in certain activities that would compete with the patent holder. Therefore, having rights in a patent can give the owner a competitive position in the marketplace.
Patents can cover a wide range of technology as well as span various different business industries. Therefore, inventors should seek assistance from patent attorneys with experience in the specific technology and relevant industry. Knowledgeable counsel can provide sound advice and help steer through the complex patent registration process. Since patent prosecution can become expensive, utilizing experienced counsel can help minimize costs.
Our patent attorneys provide patent counseling and prosecution for securing patent protection and enforcing patent rights. Our intellectual property attorneys have varied knowledge over different technologies and industries. We can provide advice on patent registrability as well as the other intellectual property related services. Our related patent services include, for example:
· Patent Licensing and Agreements
· Due Diligence Patent Review
· Patent Disputes and Litigation
Trade Secrets – An Intellectual Property Law Overview
A trade secret is a valuable asset of confidential information. The secret creates a competitive advantage over others. The disclosure of a trade secret would give a competitor insight to your valuable IP rights. Therefore, trade secrets are highly important to a company’s business success. Trade secrets can also include a wide array of information, from formulas to product designs to customer lists. So, company trade secrets must be securely protected from trade secret misappropriation.
Our intellectual property attorneys assist businesses with protection of trade secrets. Protection should include internal as well as external protective measures. Therefore, owners should safeguard secrets from employees as well as vendors, and other third parties. Businesses can use the following methods of precaution, for example:
· Non-solicitation agreements
· Non-compete agreements
· Confidentiality agreement
Our IP attorneys have experience with and understanding of trade secret law and can help prevent issues with loss of valuable trade secrets as a business grows. We also have experience in handling trade secret litigation, prosecution and defense.
Klemchuk PLLC is a leading intellectual property law firm focusing on litigation, anti-counterfeiting, trademarks, patents, and business law. We help clients protect innovation and increase market share through investments in IP.
This article has been provided for informational purposes only and is not intended and should not be construed to constitute legal advice. Please consult your attorneys in connection with any fact-specific situation under federal law and the applicable state or local laws that may impose additional obligations on you and your company. © 2023 Klemchuk PLLC