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Posted: September 4th, 2022
Intellectual property law
Intellectual property law
Intellectual property encompasses intangible assets such as inventions, designs, and artistic works. The intellectual property law grants creators and inventors the legal right to own their creations. It protects their work from misuse by other people and also enables them to gain profit from their creativity. The US Constitution grants the congress authority to give inventors legal rights to their creations. These rights are granted by two government agencies; the US Patent and Trademark Office and the US Copyright Office.
Patents, copyrights, and trademarks protect specific products from infringement. Patents give inventors the right to use their products and even exchange them for a profit. They can last up to 20 years. Patents are given to protect discoveries, such as new machines, manufactured goods, and technological advancements. There are specific products that do not qualify to get patents, for instance, those that are obvious or not useful.
Trademarks are used to protect the names, logos, and slogans of brands. They aim at helping customers distinguish brands, preventing confusion, and misleading advertisements. Some trademarks are just a mark, such as ©. It is added to the government database, and no one else can use it. Trademarks can last even for a lifetime.
Copyrights are granted to creators of artistic works such as writings, music, moving pictures, and architectural designs. Some people are given a copyright symbol and date, but it is not compulsory. Ideas are exempted from copyrights. These rights can last for a lifetime. The action of creating artistic works gives copyright.
Inventors should ensure they get a patent number for their products to protect them from infringement. If they are waiting to get a number, they should label the product patent pending. Infringement is using another person’s intellectual property without their permission. A person can file a lawsuit for infringement.
Although filing a lawsuit is expensive, it is essential. If the court proves that a person is guilty of infringement, it can order an injunction. An injunction means authorizing the culprit to stop using another person’s intellectual property. It can also instruct compensation of the person or license agreement whereby the person continues using the intellectual property, but they have to pay for it.
State and federal trade secrets law protect crucial business information that gives the company an advantage over its competitors. The right to publicity law protects the name and image of an individual from unauthorized use. Companies have lost large sums of money due to infringement. If you want to venture into intellectual property, you have to seek the assistance of an attorney.
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