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Questions and Answers
What kind of protection does intellectual property (IP) refer to?
What kind of protection does intellectual property (IP) refer to?
Which of the following is NOT one of the four main areas of IP law?
Which of the following is NOT one of the four main areas of IP law?
What does a patent permit the owner to do?
What does a patent permit the owner to do?
What type of patents are granted for new varieties of plants created through sexual reproduction or tuber propagation?
What type of patents are granted for new varieties of plants created through sexual reproduction or tuber propagation?
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Which of the following is NOT protected by copyright?
Which of the following is NOT protected by copyright?
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What does a copyright owner have the right to do?
What does a copyright owner have the right to do?
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What is the main purpose of trademarks?
What is the main purpose of trademarks?
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What distinguishes trade secrets from patents, trademarks, and copyrights?
What distinguishes trade secrets from patents, trademarks, and copyrights?
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What can the owner of a registered trademark do if someone uses it without permission?
What can the owner of a registered trademark do if someone uses it without permission?
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How do trade secrets differ from other forms of intellectual property (IP)?
How do trade secrets differ from other forms of intellectual property (IP)?
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What is the territorial scope of intellectual property (IP) rights?
What is the territorial scope of intellectual property (IP) rights?
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Study Notes
Intellectual Property Overview
Intellectual property (IP) refers to the legal protection given to creations of the mind such as inventions, literary and artistic works, designs, symbols, names, and images used in commerce. These creations can be protected under patent laws, copyrights, trademarks, and trade secrets, which form the four main areas of IP law.
Patents
A patent is a limited duration monopoly granted to an inventor or their assignee for the invention covered by the claims. It permits the owner to exclude others from making, using, offering for sale, selling, or importing the claimed invention without permission. There are three types of patents based on what the invention does: utility patents for useful machines, processes, or compositions of matter; design patents for new, original, and ornamental designs for manufactured goods; and plant patents for new varieties of plants created through sexual reproduction or tuber propagation.
Copyrights
Copyright protects original works of authorship including literary, dramatic, musical, artistic, and certain other intellectual works. The copyright owner has the right to reproduce the work, prepare derivative works, distribute copies, perform the work publicly, display the work publicly, or perform the work via digital audio transmission. However, there's no such thing as a copyright on ideas. Rather, you get a copyright on your expression of those ideas.
Trademarks
Trademarks help consumers distinguish among products and services that come from different sources. A business can register its brand name, logo, slogan, or any other distinctive word, phrase, symbol, or design that identifies and distinguishes the source of the goods of one party from those of another. The owner of a registered trademark may sue for infringement when someone uses it without authorization.
Trade Secrets
While patents, trademarks, and copyrights are registered with government agencies, trade secrets have no formal registration process. They're simply ideas whose owners want to keep secret. Unlike other forms of IP, they don't expire unless they're revealed.
In summary, IP rights are territorial rights, meaning that they only apply within individual countries, regions, and economic unions. Although some agreements between nations attempt to standardize IP rules, substantial differences remain between legal systems.
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Description
Learn about the legal protection of creations of the mind such as inventions, literary works, designs, and trademarks. Discover the main areas of IP law, including patents, copyrights, trademarks, and trade secrets.
