Intellectual Property Rights

Intellectual Property Rights

Patent Law

• A patent is a set of exclusive rights granted to an inventor for a limited time (usually 20 years) in exchange for disclosing an invention.
• Patent law protects novel, non-obvious, and useful inventions, such as:
  • Processes
  • Machines
  • Manufactures
  • Compositions of matter
• Types of patents:
  • Utility patents: protect functional inventions
  • Design patents: protect ornamental designs
  • Plant patents: protect new and distinct plant varieties
• Patent infringement occurs when someone makes, uses, sells, or imports a patented invention without permission.

Copyright Protection

• Copyright law protects original literary, dramatic, musical, and artistic works, such as:
  • Books
  • Music
  • Movies
  • Software
  • Artwork
• Copyright protection extends to both published and unpublished works.
• Copyright protection does not extend to:
  • Ideas
  • Facts
  • Methods
  • Processes
• Copyright infringement occurs when someone reproduces, distributes, or displays a copyrighted work without permission.

Trademark Registration

• Trademark law protects distinctive signs, symbols, words, phrases, logos, or designs that identify a business or product, such as:
  • Brand names
  • Logos
  • Slogans
  • Packaging
• Trademark registration provides legal protection for a mark, allowing the owner to:
  • Prevent others from using a similar mark
  • Sue for trademark infringement
• Trademark infringement occurs when someone uses a mark that is likely to confuse consumers with the registered mark.

Industrial Design Protection

• Industrial design protection is a type of intellectual property that protects the appearance of a product, including:
  • Shape
  • Configuration
  • Pattern
  • Ornamentation
• Industrial design protection is usually granted for a shorter period than patent protection (e.g., 10-15 years).
• Industrial design protection is important for products with unique designs, such as:
  • Furniture
  • Jewelry
  • Consumer goods

Trade Secret Law

• Trade secret law protects confidential and valuable information, such as:
  • Business methods
  • Recipes
  • Algorithms
  • Customer lists
• Trade secret protection is not limited to a specific time period, as long as the information remains confidential.
• Trade secret misappropriation occurs when someone acquires, discloses, or uses a trade secret without permission.
• Trade secret protection is often used in conjunction with non-disclosure agreements (NDAs) and confidentiality agreements.