The term intellectual property sounds a little intimidating as though reserved for the elite or Fortune 500 companies. But, anyone with a brain, especially a creative brain, may possess intellectual property. Product designers, inventors, and artists of all types need to understand the meaning of intellectual property and how to protect their creative contributions.
What is Intellectual Property?
Products that derive from the human intellect that the law protects from unauthorized use are defined as intellectual property. Initially, intellectual property fell under the jurisdiction of common law. This law stated that once made public, the intellectual property became fair game for use by others.
Modern law defines intellectual property as separate and distinct from tangible property. Today’s law protects intellectual property to encourage creativity and the incentive to work for the public good by compensating the artist or inventor fairly.
Protecting Intellectual Property:
The legal foundation of intellectual property protection stems from the United States Constitution Article 1, Section 8. The Constitution gives the United States Congress the authority to grant copyright and patent rights to artists, authors, and inventors. The interpretation of the Constitution ensures that trademarks and patents get monitored at the federal level.
More specifically, Sections of Title 17, including chapters one through eight and ten through 12 in the United States code cover copyright law. Title 25 of the U.S. Code covers patent law.
Congress also possesses the authority to enact trademark protection through the United States Commerce Clause. At the federal level, the Lanham Act represents the primary statute supporting trademark law. Many states rely on the Uniform Trade Secrets Act to protect confidential business information. This act helps businesses compete with similar companies. These trade secrets may include manufacturing, industrial and commercial secrets.
Those whose creative minds produce works of music, visual art, literature, and product design qualify for intellectual property rights. The intellectual property rights fall into two basic categories:
- Trademarks that uniquely identify a tangible product
- Industrial design or trade secrets
Ways to ensure your intellectual property receives legal protection:
- Consider the timing when filing a patent. Once published, a patent becomes a public record, and the opportunity for imitation increases giving others the chance to take advantage of your idea.
- Avoid joint ownership of products, designs, and creative endeavors.
- Try to obtain exact match domains.
- Put in place vital safeguard controls both internally and externally.
- Make sure your intellectual property receives proper referencing and recognition from other users and sources.
Forms of intellectual property protection:
- The copyright refers to work in a fixed tangible medium of expression. Copyrights especially pertain to works of art such as music, literature, and works of art.
- Inventors may file for a patent by applying to the United States Patent and Trademark Office or USPTO.
- Trade secrets once protected only by common tort law now fall under the protection of the Uniform Trade Secret Act. The UTSA requires proof that the defendant wrongfully acquired the intellectual property and also confirms misappropriation.
- Often, the artists, inventors, and business owners that hold the intellectual property rights enforce them and challenge wrongdoing through civil lawsuits. The resolution of the infringement depends on the severity and intention of the intellectual property abuse and the type of property involved. Documentation and the proper form of intellectual property protection represent a crucial component in resolving these civil lawsuits.
We can help:
If you’re a Floridian looking for answers to your questions regarding trademark and patent law, we want to help you. Larson and Larson began assisting clients in the procurement, prosecution, and licensing of intellectual property in 1987. To date, we’ve obtained over 900 U.S. and foreign patents. Please contact us here for more information or with specific questions.