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produces a copyright and unpublished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.
Copyright HG.org
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
Understanding Trademark
Infringement
Trademark infringement can be a
serious issue, especially if you run a
small business that depends on
various distribution channels. Do
you understand how the laws could
affect you?
Court Rules Copyright Ownership
Can Be Transferred Using Electronic
Signature
In a matter of first impression, the
Fourth Circuit Court of Appeals
recently ruled that an electronic
signature can create a legally
binding agreement to transfer
copyright ownership. The decision
relied on the federal E-Sign Act of
2000, which clarified that contracts
cannot be invalidated simply
because the signature is in
electronic form.
Entertainment Industry Study Finds
Online Piracy Growing
Online copyright infringement shows
no signs of slowing down, according
to a new study commissioned by
NBCUniversal and prepared by
NetNames. Among the study’s
findings — 432 million unique
Internet users explicitly sought
infringing content during just one
month in 2013.
Two Years Later: Where Does the
America Invents Act Stand?
Congress passed the America
Invents Act (AIA) roughly two years
ago. However, many of the law’s
provisions only became effective on
March 16, 2013.
Court Rules Copyright Ownership
Can Be Transferred Using Electronic
Signature
In a matter of first impression, the
Fourth Circuit Court of Appeals
recently ruled that an electronic
signature can create a legally
binding agreement to transfer
copyright ownership. The decision
relied on the federal E-Sign Act of
2000, which clarified that contracts
cannot be invalidated simply
because the signature is in
electronic form.
Google Expands Patent Search Tool
Google’s Patent Search engine is a
valuable and underutilized tool for
inventors and businesses. It allows
users to search several patent
offices at once for granted patents,
published patent applications, and
even prior art.
Entertainment Industry Study Finds
Online Piracy Growing
Online copyright infringement shows
no signs of slowing down, according
to a new study commissioned by
NBCUniversal and prepared by
NetNames. Among the study’s
findings — 432 million unique
Internet users explicitly sought
infringing content during just one
month in 2013.
Are You Getting Shortchanged on
Patent Royalties?
Licensing intellectual property can
be a lucrative stream of revenue.
However, businesses need to have
procedures in place to ensure
accurate reporting and royalty
payments.
MLK’s Historic Speech Protected by
Copyright
If you watched coverage of the 50th
anniversary of Martin Luther King’s
“I Have a Dream” speech, you may
have noticed that very few programs
aired the speech in its entirety. That
is because King’s remarks are
protected by copyright until 2038.
Trademark Infringement
The following article discusses the
basics of trademark infringement in
the United States.
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
Intellectual Property Law by Country
Afghanistan
Albania
Algeria
Andorra
Argentina
Armenia
Austria
Australia
Barbados
Belgium
Belize
Benelux
Brazil
Bulgaria
China
Colombia
Croatia
Cuba
Czech Republic
Denmark
Egypt
Estonia
Finland
France
Georgia
Germany
Greece
Hungary
India
Indonesia
Ireland
Israel
Italy
Japan
Jordan
Kazakhstan
Kenya
Kyrgyzstan
Korea, Republic of
Lithuania
Luxembourg
Macao
Macedonia, Republic of
Malta
Mexico
Moldova, Republic of
Monaco
Mongolia
Morocco
Nepal
Netherlands
Netherlands Antilles
New Zealand
Niger
Norway
Panama
Peru
Philippines
Poland
Portugal
Romania
Russian Federation
Singapore
Slovenia
Slovak Republic
Spain
Sweden
Switzerland
Tajikistan
Thailand
Turkey
Ukraine
United Kingdom
United States of America
Uzbekistan
Intellectual Property Law - International
EU Legislation - Intellectual Property
International Intellectual Property
Institute (IIPI)
Interpol - Intellectual Property Rights
(IPR) Programme
World Intellectual Property
Organization (WIPO)
WTO - Trade-Related Aspects of
Intellectual Property Rights (TRIPS)
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.
Copyright HG.org
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
Understanding Trademark
Infringement
Trademark infringement can be a
serious issue, especially if you run a
small business that depends on
various distribution channels. Do
you understand how the laws could
affect you?
Court Rules Copyright Ownership
Can Be Transferred Using Electronic
Signature
In a matter of first impression, the
Fourth Circuit Court of Appeals
recently ruled that an electronic
signature can create a legally
binding agreement to transfer
copyright ownership. The decision
relied on the federal E-Sign Act of
2000, which clarified that contracts
cannot be invalidated simply
because the signature is in
electronic form.
Entertainment Industry Study Finds
Online Piracy Growing
Online copyright infringement shows
no signs of slowing down, according
to a new study commissioned by
NBCUniversal and prepared by
NetNames. Among the study’s
findings — 432 million unique
Internet users explicitly sought
infringing content during just one
month in 2013.
Two Years Later: Where Does the
America Invents Act Stand?
Congress passed the America
Invents Act (AIA) roughly two years
ago. However, many of the law’s
provisions only became effective on
March 16, 2013.
Court Rules Copyright Ownership
Can Be Transferred Using Electronic
Signature
In a matter of first impression, the
Fourth Circuit Court of Appeals
recently ruled that an electronic
signature can create a legally
binding agreement to transfer
copyright ownership. The decision
relied on the federal E-Sign Act of
2000, which clarified that contracts
cannot be invalidated simply
because the signature is in
electronic form.
Google Expands Patent Search Tool
Google’s Patent Search engine is a
valuable and underutilized tool for
inventors and businesses. It allows
users to search several patent
offices at once for granted patents,
published patent applications, and
even prior art.
Entertainment Industry Study Finds
Online Piracy Growing
Online copyright infringement shows
no signs of slowing down, according
to a new study commissioned by
NBCUniversal and prepared by
NetNames. Among the study’s
findings — 432 million unique
Internet users explicitly sought
infringing content during just one
month in 2013.
Are You Getting Shortchanged on
Patent Royalties?
Licensing intellectual property can
be a lucrative stream of revenue.
However, businesses need to have
procedures in place to ensure
accurate reporting and royalty
payments.
MLK’s Historic Speech Protected by
Copyright
If you watched coverage of the 50th
anniversary of Martin Luther King’s
“I Have a Dream” speech, you may
have noticed that very few programs
aired the speech in its entirety. That
is because King’s remarks are
protected by copyright until 2038.
Trademark Infringement
The following article discusses the
basics of trademark infringement in
the United States.
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
Intellectual Property Law by Country
Afghanistan
Albania
Algeria
Andorra
Argentina
Armenia
Austria
Australia
Barbados
Belgium
Belize
Benelux
Brazil
Bulgaria
China
Colombia
Croatia
Cuba
Czech Republic
Denmark
Egypt
Estonia
Finland
France
Georgia
Germany
Greece
Hungary
India
Indonesia
Ireland
Israel
Italy
Japan
Jordan
Kazakhstan
Kenya
Kyrgyzstan
Korea, Republic of
Lithuania
Luxembourg
Macao
Macedonia, Republic of
Malta
Mexico
Moldova, Republic of
Monaco
Mongolia
Morocco
Nepal
Netherlands
Netherlands Antilles
New Zealand
Niger
Norway
Panama
Peru
Philippines
Poland
Portugal
Romania
Russian Federation
Singapore
Slovenia
Slovak Republic
Spain
Sweden
Switzerland
Tajikistan
Thailand
Turkey
Ukraine
United Kingdom
United States of America
Uzbekistan
Intellectual Property Law - International
EU Legislation - Intellectual Property
International Intellectual Property
Institute (IIPI)
Interpol - Intellectual Property Rights
(IPR) Programme
World Intellectual Property
Organization (WIPO)
WTO - Trade-Related Aspects of
Intellectual Property Rights (TRIPS)
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