Intellectual Property

• Intellectual Property
  • Copyright, Trademark & Trade Secret
  • Licensing/Policies and Procedures
  • Due Diligence
• Employment Training
• Corporate Filings

Intellectual property (IP) is the fruit of intellectual labor, intangible, entitled to protection by federal law to encourage creativity. The U.S. Constitution (Article I, Section 8, Clause 8) grants limited monopolies in the form of exclusive patent rights to inventors for their discoveries, and copy rights to authors for their writings.

Copyright

Gives the author an exclusive set of rights (to make and distribute copies, prepare derivative works, publicly perform and display) that lasts for the lifetime of the author plus seventy years. Protects EXPRESSION. Must be original, work of authorship, and fixed in a tangible medium. No filing is required, exists automatically upon creation. Filing inexpensive and advised. Notice also advised.

Trademark

Gives the owner a way to distinguish her goods/services from the goods/services of others. Protects SYMBOLS, WORDS, NAMES, and DEVICES. Must be used as an adjective, never a noun or verb. Can become generic if misused, e.g., Aspirin, Escalator. Must be used in commerce to identify goods or services. Search/filing is required for federal protection but not necessary for common law use.

Trade Secret

Gives the owner a competitive advantage in her business and must be secret. Protects DATA, INFORMATION and KNOWLEDGE. No definite term. No filing is required. Use a Non-Disclosure Agreement. Usually protected by state law, UTSA, and court decisions.

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