Intellectual Property Law
IP is defined as an intangible form of property, as opposed to personal property or real property, which is concrete and much more easily defined. IP is the result of the creation of the brain or the mind, which is then manifested or interpreted in a form that has a physical existence and possesses exclusive property rights. Examples include images, symbols, names, designs, industrial processes and business methods used in commerce; inventions; artistic, literary and musical works; and software.
What is Intellectual Property (IP) law? This is the area of law that deals with and oversees the creation of intellectual property patents, copyrights, trademarks and trade secret laws; the protection of intellectual property rights; and the legal pursuit of those who infringe on another?s rights to his/her intellectual property. It overlaps with several other areas of law, such as patent law, copyright law, contract law, tort law, trademark law and litigation.
Both statute and common law play a part in IP law. Trade secrets are established through common law and to protect them, one must utilize the legal options provided by contract law and tort law. Statute creates and governs trademarks, patents and copyrights, which represents ownership of an original idea for a limited period of time. Such artistic and creative works as paintings, music, books, photographs, movies and software may be protected by copyright law. Trade secrets, patents and trademarks laws are most often utilized by businesses because of the commercial value of the protected property.
Copyrights and patents are governed exclusively by the U.S. Constitution and Congressional legislature, while both federal and state laws deal with trademarks and some aspects of unfair competition disputes. IP law is a continuously evolving, extraordinarily complex area. Even though Patent law is a very complicated and specialized field in itself, many attorneys who have received the necessary extra education in patent law, have gone a step further and also distinguish themselves as specialists in the area of IP law.
Federal and international treaty laws govern most of the areas of International IP law. They do not oversee trade secrets. With today?s global use of the worldwide web, comes the unfortunate ease of appropriating other people?s creative product, works and ideas. To deal with this new threat, IP rights and laws must be addressed at an international level and cooperation between countries is necessary to protect these rights and govern this area. Visit Us at Google+ Copyright AdvocatesOffice.com
Intellectual Property Law - US
- ABA - Intellectual Property Law Section
The ABA Section of Intellectual Property Law is the largest intellectual property organization in the world and the oldest substantive Section of the ABA. Since 1894, we have advanced the development and improvement of intellectual property laws and their fair and just administration.
- American Intellectual Property Law Association (AIPLA)
The American Intellectual Property Law Association (AIPLA) is a 16,000 member, national bar association constituted primarily of intellectual property lawyers in private & corporate practice, in government service, and in the academic community.
- Intellectual Property Law Server
Welcome to the Intellectual Property Law Server. The Server has been online since March 1997 and serves approximately 15 million pages a year. The Server provides information about intellectual property law including patent, trademark and copyright. Resources include comprehensive links, general information, space for professionals to publish articles and forums for discussing related issues.
- Office of the Administrator for External Affairs (EA) - IP Enforcement and Policy
The USPTO leads efforts to develop and strengthen both domestic and international property protection and advises the Secretary of Commerce, the President of the United States, and the Administration on patent, trademark, copyright, and copyright protection.
- Office of the United States Trade Representative (USTR)
USTR's Office of Intellectual Property and Innovation (IPN) uses a wide range of bilateral and multilateral trade tools to promote strong intellectual property laws and effective enforcement worldwide, reflecting the importance of intellectual property and innovation to the future growth of the U.S. economy.
- United States Patent and Trademark Office (USPTO)
The United States Patent and Trademark Office (USPTO) is the Federal agency for granting U.S. patents and registering trademarks. In doing this, the USPTO fulfills the mandate of Article I, Section 8, Clause 8, of the Constitution that the Executive branch "promote the progress of science and the useful arts by securing for limited times to inventors the exclusive right to their respective discoveries." The USPTO registers trademarks based on the Commerce Clause of the Constitution (Article 1, Section 8, Clause 3). Under this system of protection, American industry has flourished.
- USDOJ - Intellectual Property Policy and Programs
The Department of Justice and other agencies are continually working to improve protections for intellectual property rights and the enforcement of intellectual property laws. You can find information on DOJ initiatives, summits, and speeches in this section. This section also contains information on U.S. interagency efforts, such as NIPLECC, as well as international efforts to protect intellectual property rights.
Intellectual Property Law - International
- EU Legislation - Intellectual Property
A uniform system of protection of intellectual property rights, ranging from industrial property to copyright and related rights, constitutes the foundation for creativeness and innovation within the European Union. Respect of the basic principles of the internal market (the free movement of goods and services and free competition) is based on standardisation of intellectual property at European level. Protection of intellectual property is covered by many international conventions, most of which are implemented by the World Intellectual Property Organisation (WIPO) and the World Trade Organisation (WTO).
- International Intellectual Property Institute (IIPI)
As an international development organization and think tank, IIPI is dedicated to increasing awareness and understanding of the use of intellectual property as a tool for economic growth, particularly in developing countries.
- Interpol - Intellectual Property Rights (IPR) Programme
The group?s mission is to provide an advisory group function; assist INTERPOL to develop strategies to combat transnational organized IP crime; and, encourage National Central Bureaus (NCBs) and national law enforcement authorities in INTERPOL member countries to dedicate more resources to IP crime enforcement.