The term “IP” or “intellectual property” refers to the rights to intangible property. Real and personal property rights are straightforward – the property owner has a right to possess it, to keep others from taking it, and to keep its integrity. However, IP law protects entities with no physical form, such as corporate logos, inventions and original works. Rather than protecting the possession of such property, IP and copyright laws protect the right to use the property.
Forms of Intellectual Property
- Copyright – This is the exclusive, limited-time right to an original work. Under Copyright Law, people have the right to perform, reproduce and distribute copies of the work. To receive protection, works must be original and in a tangible medium.
- Trademark – These laws protect consumers by allowing producers to prevent others from using their names and logos in a confusing way. Trademark rights can endure forever, as long as the image or name is still used.
- Patent – These laws protect inventors by giving them the exclusive right to make and sell their inventions for a limited time. To receive protection under patent law, inventors must publicly disclose their inventions. Products must be non-obvious, useful and new.
- Trade secrets – Laws on trade secrets protect information closely held by businesses, and they give businesses the right to litigate when that information is compromised. To have protection under trade secret law, information must be secret and it must derive its value from that secrecy.
Who’s Affected by IP and Copyright Law?
Almost everyone in the business world is affected by these laws in some way, but there are some who should be especially concerned:
- Creative workers – If a worker’s job requires him or her to make original works (such as a writer or graphic designer), that person needs to know that their employer owns the copyrights to everything created during the work day. Independent contractors are not affected, but it is wise for them to draft an agreement on the ownership of IP rights.
- Tech employees – Many court cases have started when a skilled worker moves from one tech firm to another, taking trade secrets away.
- Employers – There is often confusion as to ownership of creative works produced within the scope of employment. If a company wants to keep the IP rights to employee-created works, they should ask Edward L White PC Attorney At Law for help.
