Intellectual property law consists of several discrete legal categories. Although
these categories can overlap with respect to a particular intellectual property, they
each have their own characteristics and terminology.
• Trade secret law affords the owner of commercial information that provides
a competitive edge the right to keep others from using such information
if the information was improperly disclosed to or acquired by a
competitor and the owner of the information took reasonable precautions
to keep it secret.
• Copyright law protects all types of original creative expression, such as that
produced by authors, composers, artists, designers, programmers, and Web
page designers. However, copyright law does not protect the ideas and
concepts underlying an expressive work; it only protects the literal form the
expressive work takes. For example, copyright protects the actual words
used to write a novel about life on a submarine where the crew faces almost
certain death because of damaged engines. But copyright won’t prevent
other writers from either writing novels about submarine life or using the
same basic plot, as long as they don’t copy the first novelist’s literal expression.
Copyright protection lasts a long time, often 100 years or more.
• Trademark law protects the distinctive (unique, creative, or well known
through use) names, designs, logos, slogans, symbols, colors, packaging,
and containers and any other devices that are used by businesses to identify
the source of their goods and services and distinguish them in the marketplace.
This protection can last indefinitely.
• Patent law gives the inventor of a new and nonobvious invention the right
to exclusive use of that invention for a limited term. How long the inventor
retains the exclusive right depends on the kind of patent. A utility patent (the most common type of patent) goes into effect when issued by the U.S.Patent and Trademark Office and expires 20 years after the application forthe patent was filed. A design patent (for a new but nonfunctional design)lasts 14 years after the date the patent issues. A plant patent expires 20years from the date the patent was filed.
Showing posts with label intelletual property laws. Show all posts
Showing posts with label intelletual property laws. Show all posts
Unfair competition laws
Courts are frequently asked to intervene when one business uses unfair tactics to
compete with another business. Among the unfair tactics the courts have condemned
is a business trying to lure customers away from a competing business by
confusing customers as to which business or products they are dealing with. The
most common way to confuse customers is for a second business to market its
goods or services under a name or other mark that is confusingly similar to that
used by the first business on its goods or services.
Although courts originally decided these types of disputes without the benefit of a
legislative enactment, Congress and most state legislatures have now legislated the
basic principles developed by the courts to deal with unfair business practices. All
together, these court decisions and statutes are termed unfair competition law.
And under this body of law, a business may obtain a court order preventing a
competitor from engaging in unfair business practices.
Unfair competition is not usually considered a separate branch of intellectual
property law, as it targets general business practices rather than intellectual property
as such. However, because the use of misleading names and marks to improperly
lure customers away from another business is also very much what trademark law
is concerned with, the two types of law often overlap.
EXAMPLE: The name used by Richard’s Cuisine is very ordinary and not distinctive
enough to be considered a trademark. If, however, another business opens up
down the street under a “Richards’s Cuisine ” sign, the courts may use unfair competition
laws to force the second user to modify the name to distinguish it from the first.
compete with another business. Among the unfair tactics the courts have condemned
is a business trying to lure customers away from a competing business by
confusing customers as to which business or products they are dealing with. The
most common way to confuse customers is for a second business to market its
goods or services under a name or other mark that is confusingly similar to that
used by the first business on its goods or services.
Although courts originally decided these types of disputes without the benefit of a
legislative enactment, Congress and most state legislatures have now legislated the
basic principles developed by the courts to deal with unfair business practices. All
together, these court decisions and statutes are termed unfair competition law.
And under this body of law, a business may obtain a court order preventing a
competitor from engaging in unfair business practices.
Unfair competition is not usually considered a separate branch of intellectual
property law, as it targets general business practices rather than intellectual property
as such. However, because the use of misleading names and marks to improperly
lure customers away from another business is also very much what trademark law
is concerned with, the two types of law often overlap.
EXAMPLE: The name used by Richard’s Cuisine is very ordinary and not distinctive
enough to be considered a trademark. If, however, another business opens up
down the street under a “Richards’s Cuisine ” sign, the courts may use unfair competition
laws to force the second user to modify the name to distinguish it from the first.
International copyright laws
Under a variety of treaties, most countries in the world offer protection to U.S.intellectual property used abroad. And, under these same treaties, the U.S. protectsintellectual property created in these other countries. Several major internationaltreaties—the Berne Convention is the most important—govern rights in copyrights in most countries. International patent rights are broadly recognized under the ParisConvention and the Patent Cooperation Treaty. Trademark owners also have someinternational rights and obligations under the Paris Convention and Madrid Protocol.And trade secrets receive international protection under GATT (General Agreementon Tariffs and Trade).
Legal Basis of Intellectual Property Laws
The sources of intellectual property laws vary according to the subjectmatter. Trade secret law derives both from federal and state legislation andfrom court cases that have developed their own set of principles used todecide new trade secret cases that come before them (termed the “commonlaw”). Trademark and unfair competition laws originate primarily in bothfederal and state statutes, but also, especially in the area of unfair competition,come from court decisions that apply principles developed by earlier courtsas part of the common law. Copyright and patent laws originate in the U.S.Constitution and are specifically and exclusively implemented by federalstatutes. In all these intellectual property areas, court decisions interpretingand enforcing applicable statutes also provide an important source ofintellectual property law.
Legal Basis of Intellectual Property Laws
The sources of intellectual property laws vary according to the subjectmatter. Trade secret law derives both from federal and state legislation andfrom court cases that have developed their own set of principles used todecide new trade secret cases that come before them (termed the “commonlaw”). Trademark and unfair competition laws originate primarily in bothfederal and state statutes, but also, especially in the area of unfair competition,come from court decisions that apply principles developed by earlier courtsas part of the common law. Copyright and patent laws originate in the U.S.Constitution and are specifically and exclusively implemented by federalstatutes. In all these intellectual property areas, court decisions interpretingand enforcing applicable statutes also provide an important source ofintellectual property law.
Subscribe to:
Posts (Atom)
