Intellectual Property law deals with laws to protect and enforce rights of the creators and owners of inventions, writing, music, designs and other works, known as the "intellectual property." There are several areas of intellectual property including copyright, trademarks, patents, and trade secrets. Intellectual property law frequently has domestic and international considerations.
Copyright law protects the rights of creators in their works in fine arts, publishing, entertainment, and computer software. The laws protect the owner of the work if others copy, present, or display the owners work without permission.
Trademark law protects a word, phrase, symbol or design that is used by an entity to identify its product or service. Examples are Dunkin Donuts orange and pink sausage style lettering and Apple’s apple logo. Trademark owners can prevent others from using their marks, or marks which are confusingly similar so that consumers would not be able to identify the source. These laws protect against infringement and dilution. Rights in trademarks are gained by being the first to use a trademark in commerce or being the first to register the mark.
Patent law grants protection for new inventions which can be products, processes or designs and provides a mechanism for protection of the invention. The patent law promotes the sharing of new developments with others to foster innovation. The patent owner has the right to protect others from producing, using, distributing or importing the protected item. Essentially the patent is a property right that can be licensed, sold, mortgaged or assigned.
Trade secrets are business practices, formulas, designs or processes used in a business, designed specifically to provide a competitive advantage to a business. These trade secrets would not be otherwise known to an “outsider” of the business. An example of this is the formula for Coca Cola. Trade secrets are protected without registration and appropriate steps should be taken by the owner to maintain confidentiality.
How can Unity International Law do for you?
The three broadest segments of an intellectual property practice are counseling, protecting and enforcing. Client counseling centers around how best to protect the intellectual property that the client has or would like to develop. In trademark law, we will conduct searches on trademarks proposed by the client and counsel the client with respect to availability. In cases where a client has already invested time, energy and money, and a prior use in a similar industry is found, discussions with a client might include modifying or even abandoning the client’s mark. In the case of patent counseling, we must have a technical background in order to best understand the client’s patent and to assess its validity or likelihood of patent infringement.
Protection of intellectual property involves registering the trademark, patent or copyright to obtain the greatest rights available for the client’s asset. In the case of a trademark or patent, the process involves preparing and filing an application with the Patent and Trademark Office (PTO) and responding to actions issues by the PTO until the trademark is registered or patent issues.
Finally, enforcement of intellectual property involves protecting the owner of the intellectual property against infringing uses. This can lead to litigation in court.
Other components of practice may include licensing, due diligence in connection with mergers or acquisitions, and developing strategies for international and domestic intellectual property protection, Skills that are needed by any good lawyer in the IP area are communication skills-both written and oral, negotiation skills, and business acumen.