An In-Depth Review of Intellectual Property Law

An In-Depth Review of Intellectual Property Law

Intellectual property law covers matters pertaining to the legal rights that individuals have to their inventions, artistic works, and designs. This law typically protects the exclusive control and use of intangible assets with the objective of giving individuals the incentive to develop creative works that are beneficial to the society. In doing so, such individuals can also fully profit from their labor without the fear of fraud.

shaking hands over property negotiation

The US constitution grants Congress the power to grant inventors and authors exclusive rights to their conceptions. The Intellectual Property Law is administered by the US Copyright Office and the US Patent and Trademark Office. Patents give designers and creators exclusive rights to use their creations in the marketplace. This way, they can also profit if they choose to transfer the right to an individual or an organization.

Generally, trademarks protect slogans, names, and symbols used by designers and creators to distinguish their products. Rights have the potential to last for ages, and can also be obtained using a mark. Although it is not mandatory, owners are advised to register their trademarks since it guarantees additional protection against exploitation.

Protecting Your Intellectual Property from Infringement

If your business is synonymous with a particular trademark, you should protect your intellectual property since it goes a long way in determining the success of your establishment. The complex nature of today’s corporate world has led to a rise of copyright infringement incidents. This is basically the unapproved use of intellectual property. The easiest way of deterring infringement is by providing notices. This increases the visibility of your rights, thus putting you in a better position to sue anyone who infringes on your rights.

You can deter would-be infringers by marking your products with the number that the Patent and Trademark Office will assign to you. If you are yet to be assigned a patent number, you can include a “patent pending” label on your product. This will deter others from copying your design before you are assigned a patent. Notice of copyrights and trademarks can be given by using appropriate symbols such as ™, and © on the product. Thereafter, you are required to register the copyright or trademark so that it can be added to official government records. You can sue those who go ahead to infringe on your trademark.