Intellectual Property Law

Law Center Intellectual Property Law by Country

Know your Rights! Intellectual Property Law - International
Articles About Intellectual Property Organizations Regarding Intellectual
Intellectual Property Law - US Property

What is Intellectual Property Law?

Intellectual property law deals with the rules for securing and enforcing legal rights to inventions, designs,
and artistic works. Just as the law protects ownership of personal property and real estate, so too does it
protect the exclusive control of intangible assets. The purpose of these laws is to give an incentive for
people to develop creative works that benefit society, by ensuring they can profit from their works
without fear of misappropriation by others.

Article I, Section 8 of the U.S. Constitution gives Congress express authority to grant authors and
inventors exclusive rights to their creations. Section 8 also gives Congress the power to regulate interstate
and foreign commerce, providing further support for its right to legislate in this area. Intellectual property
laws passed by Congress are administered by two government agencies, the U.S. Patent and Trademark
Office, and the U.S. Copyright Office.

Patents give inventors the right to use their product in the marketplace, or to profit by transferring that
right to someone else. Depending on the type of invention, patent rights are valid for up to 20 years.
Qualifying items include new machines, technological improvements, and manufactured goods, including
the “look” of a product. Patent protection will be denied if an invention is found to be obvious in design,
not useful, or morally offensive.

Trademarks protect symbols, names, and slogans used to identify goods and services. The purpose is to
avoid confusion, deter misleading advertising, and help consumers distinguish one brand from another.
Since the goal is to distinguish, generic or purely descriptive marks may not qualify. Rights can potentially
last forever, and they are obtained by simply using a mark. While not required, owners can register their
marks for additional protection.

Copyrights apply to writings, music, motion pictures, architecture, and other original intellectual and
artistic expressions. Protection is not available for theories or ideas, or anything that has not been
captured in a fixed medium. The act of creation itself produces a copyright and unpublished works are
still protected. Use of a copyright symbol and date is common, but not mandatory. Most copyrights are
valid for the creator’s lifetime, plus 70 years.

Protecting Against Infringement

Infringement refers to the unauthorized use of intellectual property. To protect against infringement,
owners should take steps to put the world on notice that their rights exist. Providing notice helps deter
infringement by making the owner’s rights more visible to those who might inadvertently violate them. It
also triggers additional legal benefits, and puts the owner in a better position to prosecute an
infringement in court, if that becomes necessary.
infringement in court, if that becomes necessary.

Inventors can give notice of their rights by marking their product with the patent number assigned to it by
the Patent and Trademark Office. The label “patent pending” can also be used to discourage others from
copying the design before the patent is awarded. Notice of trademarks and copyrights is given by placing
the appropriate symbol (™, ©, etc.) on the material, and then registering the mark or copyright, so it can
be added to the government’s database.

If infringement does occur, rights to intellectual property can be enforced in federal court. Before filing a
lawsuit, however, owners will want to consult with an attorney and carefully consider whether litigation is
in their best interests. Infringement cases are expensive to prosecute, and there is always a risk that the
owner’s rights, once held up to the scrutiny of a court proceeding, will be revealed as invalid or less
extensive than the owner believed.

In the event an owner of intellectual property does sue, and the lawsuit is successful, a number of
remedies will be available. The court can order an injunction, meaning the infringer must stop what it is
doing. Substantial money damages may also be available. In addition, once the owner’s rights are
established in court, the infringer may agree to a license agreement. This allows use of the intellectual
property to continue, with payments going to the owner.

Rights to intellectual property can be incredibly lucrative, making individuals huge sums of money.
Infringement claims have also bankrupted large, profitable companies without warning. With so much at
stake, anyone dealing with issues in this area of the law should seek the advice of an attorney. Firms
specializing in intellectual property law are available to help owners who are looking to establish, profit
from, or defend their rights.

Get Help from an IP Attorney

If you have created or obtained the rights to something unique, an intellectual property attorney can help
you protect your interests. Conversely, if someone has accused you of infringement, you want legal
counsel to help you fight back. Contact an attorney today to learn more.

Copyright HG.org

Know your Rights!

Is it Illegal to Buy Counterfeit or Knockoff Designer Goods?
To answer the question, it is first important to distinguish between a counterfeit and a knockoff
product.

Protecting Trade Secrets: How to Draft a Nondisclosure Agreement

Protecting your competitive advantage – your trade secrets – can be critical to growing your business.
And, one of the best ways to do that is through the use of the nondisclosure agreement.

What is a Patent Troll?

Many have read about legal battles fought between large technology companies and entities referred
to as “patent trolls” and wondered, “what is a patent troll?” Obviously, it has something to do with
patent laws and infringing on someone's patent rights, but what does it really mean? Who does it
apply to? Is anyone who asserts a patent infringement a “troll,” or just certain people and entities?
Where did the term come from?

What is Plagiarism?
Plagiarism is usually defined as the "wrongful appropriation" of another's words, thoughts, ideas, or
expressions and the misrepresentation that they are the representer's original work. Of course, with a

definition that broad and vague, most any sort of researched work might be considered plagiarized.
 definition that broad and vague, most any sort of researched work might be considered plagiarized.
However, plagiarism is considered academic dishonesty, but is not a crime, per se.

Articles About Intellectual Property

What To Do Before You Disclose an Idea for an Invention
A question high on the list of first asked questions to a Patent Attorney, is “what do I need to protect
my idea before I talk to an investor, (a manufacturer or licensor), etc. The answer, or answers as a
inventor should take multiple steps, are not complicated.

Business Disputes That Require a Business Attorney

Even though Americans pride themselves on their rugged individualism and independence, there are
some things that simply should not be attempted by amateurs or those without the proper knowledge
and experience.
Is That a Patent, Trademark or Copyright?
If you wouldn’t know a patent if one bit you [1], you are not alone. Most of the public doesn’t know the
difference, and there are lawyers who are uncertain of the differences. Today, though, you are lucky
enough to have this article in front of you to learn the difference. Bear in mind, however, this is just an
overview. If you want to know more, refer to the footnotes.
Trademark Protection for Architectural Works & Other Designs
Trademarks can play a vital role in protecting architectural features in buildings, including the design of
nonfunctional exterior and interior features, and the layout of a store or business. Trademark law may
also be used to protect an architect’s “signature” style in the design of a building, though in narrow
circumstances.
Copyright Protection for Architectural Works & Other Designs
What Does Copyright Protect? Copyright law protects original works that are fixed in a “tangible
medium of expression.”
Defenses to Allegations of Copyright Infringement
There are numerous defenses available to a copyright infringement defendant.
Elements of a Copyright Infringement Claim
A copyright infringement action requires a plaintiff to prove (1) ownership of a valid copyright, and (2)
actionable copying by the defendant of constituent elements of the work that are original.
Misclassifying Employees Can Be Costly
An employee is entitled to protection under federal and state laws, eligible for overtime pay, reduced
taxes, and benefits such as healthcare, Workers’ Compensation, disability insurance, and
unemployment benefits.
How to Register and Protect Your Trademarks
Registration is essential to protecting your good name and reputation.
Small Business Considerations for Crowdfunding Startups
There are several important legal considerations for small business startups planning to use
crowdfunding as a way to raise capital. The JOBS Act has produced a wealth of opportunity for
business startups from creative micro-businesses to real estate crowdfunding to equity funding new
research and development.
All Intellectual Property Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Intellectual
Property including: copyright, domain names, licensing law, patents, trade secrets and trademark.

Intellectual Property Law - US

ABA - Intellectual Property Law Section
 ABA - Intellectual Property Law Section
American Intellectual Property Law Association (AIPLA)
The American Intellectual Property Law Association (AIPLA) is a 16,000 member, national bar
association constituted primarily of intellectual property lawyers in private & corporate practice, in
government service, and in the academic community.

Intellectual Property Law Server

Office of the Administrator for External Affairs (EA) - IP Enforcement and Policy
The USPTO leads efforts to develop and strengthen both domestic and international property
protection and advises the Secretary of Commerce, the President of the United States, and the
Administration on patent, trademark, copyright, and copyright protection.

Office of the United States Trade Representative (USTR)

USTR's Office of Intellectual Property and Innovation (IPN) uses a wide range of bilateral and
multilateral trade tools to promote strong intellectual property laws and effective enforcement
worldwide, reflecting the importance of intellectual property and innovation to the future growth of
the U.S. economy.

United States Patent and Trademark Office (USPTO)

USDOJ - Intellectual Property Task Force

Intellectual Property Law by Country

 Georgia
Germany
Greece
Hungary
India
Indonesia
Ireland
Afghanistan Israel
Albania Italy
Algeria Japan Norway
Andorra Jordan Panama
Argentina Kazakhstan Peru
Armenia Kenya Philippines
Austria Kyrgyzstan Poland
Australia Korea, Republic of Portugal
Barbados Lithuania Romania
Belgium Luxembourg Russian Federation
Belize Macao Singapore
Benelux Macedonia, Republic Slovenia
Brazil of Slovak Republic
Bulgaria Malta Spain
China Mexico Sweden
Colombia Moldova, Republic of Switzerland
Croatia Monaco Tajikistan
Cuba Mongolia Thailand
Czech Republic Morocco Turkey
Denmark Nepal Ukraine
Egypt Netherlands United Kingdom
Estonia Netherlands Antilles United States of
Finland New Zealand America
France Niger Uzbekistan

Intellectual Property Law - International

EU Legislation - Intellectual Property
International Intellectual Property Institute (IIPI)
Interpol - Intellectual Property Rights (IPR) Programme
World Intellectual Property Organization (WIPO)
WTO - Trade-Related Aspects of Intellectual Property Rights (TRIPS)

Organizations Regarding Intellectual Property

American Intellectual Property Law Association (AIPLA)
Intellectual Property Association
Intellectual Property Owners Association (IPO)
Virtual Intellectual Property Organization (VIPO)