What is Intellectual Property Law?
I. Introduction to Intellectual Property Law Intellectual property law protects and promotes creative and inventive works by establishing exclusive rights for their creators, including patents, trademarks, copyrights, and trade secrets.
- I. Intellectual Property Rights
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- Copyright infringement occurs when someone uses or reproduces copyrighted material without permission from the copyright holder.
- A work can be copyrighted if it is original, including literary works, such as novels and poetry, and artistic works, such as paintings and sculptures.
- Copyright protection extends to both published and unpublished works, including sound recordings, music, and photographs.
- A trademark is a distinctive sign or symbol that identifies a product or service as belonging to a specific business or brand.
- Trademark protection requires registration with the U.S. Patent and Trademark Office (USPTO), but it can also be acquired through common law rights, such as goodwill.
- A patent is a unique device or process that provides exclusive rights for a limited period of time, allowing its holder to prevent others from making, using, or selling the invention.
- Patent protection typically lasts for 20 years from the filing date, and it can be renewed for an additional 19 years if not set forfeited.
- A trade secret is confidential information that is valuable to a business and is not readily available to the public.
- Trade secret protection requires evidence of use and other factors, such as confidentiality agreements and non-disclosure statements.