Intellectual Property Rights

Has someone infringed upon your intellectual property rights? Intellectual property rights grant the owner of the copyright, trademark, or patent exclusive rights under U.S. law. This means that if your creative work or invention has been used or reproduced without your permission then you have the right to bring a civil action against the individual or entity that has infringed upon your right as the rightful owner of said intellectual property.

Would you like to find out more about Intellectual Property Law? Contact our Intellectual Property Lawyers for legal advice concerning intellectual property rights and laws.

There are five areas of intellectual property and they include:

• Trademarks - A trademark is a distinctive symbol or mark, which distinguishes the products or service from other similar products or services. It is an exclusive and obvious recognition to make that product or service stand apart.
• Copyrights – Are primarily used for creative and artistic works such as, software, books, music, movies, photographs, and paintings. This type of intellectual property gives the copyright holder exclusive legal control of the original creation and/or any reproduction or adaptation of the work for a certain period.
• Trade Secrets - Is undisclosed and private information pertaining to the commercial applications, practices, or proprietary information of a business or product. The proprietary company will fiercely guard their trade secrets.
• Patents - Mostly granted for new, functional, or original inventions, a patent provides the holder the right to prevent others from copying the invention without a license or permission from the owner of the patent for a certain period.
• Industrial Design - This type of intellectual property protects the design and style of industrial creations and most often used to prohibit the reproduction of unique designs such as in furniture or textiles patterns.

What is intellectual property? Intellectual property is defined as, the legal right to creative concepts by the creator, inventor or theorist of the original idea or concept. These ideas, proposals, or drafts can take form or can be created, reproduced, emulated, and manufactured only by the original intellectual property right holder or with his/her exclusive permission. In order for someone to be recognized as the original owner of an idea or invention, the idea or invention must be registered with the United States Patent and Trademark Office (PTO or USPTO). The USPTO approves and grants intellectual property rights to the owner.

These types of intellectual property can be confusing to some people due to all their similarities, but they are very different and serve different purposes. The USPTO grants patent rights for new inventions. Trademarks identify a name, word, or symbol used in the trade industry. Copyrights allow authors, artist, and musicians to protect their creative works.

Would you like to find out more about Intellectual Property Law? Contact our Intellectual Property Lawyers for legal advice concerning intellectual property rights and laws.