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.).

 

Intellectual Property and Law

Intellectual property is related to things that are created using people's mental faculties, including inventions, designs, literary and artistic work, etc. There are two categories of intellectual property. These are industrial property and copyright. Trademarks, patents and industrial designs are classified under industrial property, while copyright covers rights related to music, literary work, artistic creations, films, etc.

It was in the 19th century that the expression intellectual property began to become popular. It became commonplace in the 20th century due to extensive usage with the development of the information technology. The legal aspects related to intellectual property rights have evolved over the years. People who own intellectual property are benefited financially due to exclusive rights given to them for their creation. The financial incentive they get encourages them to further invest in intellectual property.

According to economists, approximately 67% of the value of big business houses is because of the intangible assets they have invested in.

There is a school of thought that projects protection of intellectual property as a moral issue. The argument is that the human mind is a source of wealth and hence the creations of the mind have to be considered as intellectual property. Therefore, violation of intellectual property amounts to an immoral act. A word, sign or an expression that differentiates a manufacturer or products from another is a trademark. Such terms used for differentiating services are known as service marks. Generally, the trademarks and service marks are treated in the same manner. In exceptional cases, trademark protection is extended to incorporate other aspects of a product.

Trademarks enable people to identify the source of a product easily.

There is state as wells federal laws to govern trademarks. In the U.S., the chief federal decree is the Lanham Act that provides extensive protection for trademark. Trademark infringement refers to the confusion created to the consumer, in identifying the source of goods, in connection with the sale of a product. The courts will look into various aspects before deciding on an infringement allegation. The use of the trademark of one manufacturer by another for the same product manufactured amounts to trademark infringement. There are systems to enable enforcement of trademark rights in more than one jurisdiction, but it is not possible to do single trade mark registration that will be applicable throughout the world. The applicability of trademark laws is restricted to a country or jurisdiction.