Intellectual Property Laws

Intellectual Property consists of property that is considered intangible. According to the law there are at least three different types of properties, which include real property, personal property and intangible property.

Intangible Property references the information that is created from the minds of both men and women. This information is then translated into an expressed thought or idea or into a tangible from which an individual can have assigned rights. For example, literary works, songs, artistic works, software, inventions, names, symbols, designs, images, industrial processes that are used for commercial purposes, business methods, and brands are listed as intellectual property.

Therefore, to protect these ideas from anyone who would like to duplicate or steal them, the law has made provisions by establishing intellectual property laws.

These laws protect intellectual property with exclusive or certain rights by allowing an individual to file for and secure a valid trademark, patent, or copyright.

The actual purpose of these laws is to protect an individual's or a company's original idea for a specified period of time. If anyone violates some ones rights to their intellectual property, the law has also established remedies. These remedies can include an order to the violator that states he or she must cease and desist certain actions. The law also provides for monetary compensation in events where the business or individual pursues it by bringing legal action against them.

Also, in more general terms, individuals can be held liable if they reproduce the content of a specific book, without the appropriate authorization. Movies and television shows will also fall under the laws of intellectual properties.

These laws exist at both state and federal levels in the United States. The laws may also vary from one state to another state.

By its nature, Intellectual property laws are complex and over time the laws are continuously evolving as changes are being made. Therefore many attorneys who are registered as patent attorneys will distinguish themselves as intellectual property law lawyers. Specifically, in this era of globalization, intellectual laws fall under both international treaty as well as federal legislation. However, trade secrets is the only exception.

The ABA is an organization that was created to advance and improve the intellectual property laws. This association is also committed to just and fair administration. There are also a variety of different domestic and international organizations that have been established (AIPLA, FA, USTR, USPTO, IIPI, IPR etc.).