Intellectual property (IP) is the novel, unanticipated and non-obvious product of human intellect that has at least some marketplace value. According to the World Intellectual Property Organization (WIPO), intellectual property is divided into two categories:
2) Copyright (Library/Artistic Property): including literary and artistic works such as novels, poems and plays, films, musical works, text and images on a World Wide Web (WWW) site, architectural designs, scientific publications, and artistic works such as drawings, paintings, photographs and sculptures, as well as performing artists in their performances, producers of phonograms in their recordings, and broadcasters in their radio and television programs. Intellectual Property Law addresses legal issues surrounding the rights of ownership of these ideas, inventions, trade secrets, processes, programs, data, formulas, patents, copyrights, trade secrets, trade dress, service marks or trademarks, the application or registration (referred to as copyright, patent, trade dress, trade secret, trademark or intellectual property law), and the legal or illegal use of this property. The four main types of intellectual property are: ®Trademark
identity. Example: McDonalds' golden arches. Trademarks last until the Mark is no longer used in commerce, BUT needs to be renewed every 10 years after registration. Patent A patent is the grant of right to exclude others from making, using, selling, or importing an invention or discovery, including new and improved products and processes. Patents can be registered in foreign countries, last for 20 years but requires maintenance fees. And, if the patent expires, the exclusive rights to make, use, sell or import the invention or discovery is lost. Trade Secret Trade secrets include formulas, patterns, device, sometimes customer lists or any compilation of data that gives a company a tangible advantage over its competitors (e.g., Coca Cola's formula for its soft drink). Trade secrets are usually a matter of State Law unless the parties or companies cross state lines. ©Copyright A Copyright is protection granted to authors of original authorship such as literary, dramatic, musical and artistic works, and computer software, as well as performing artists in their performances, producers of phonograms in their recordings, and broadcasters in their radio and television programs. Example: The creators of your favorite music CD, movie, or computer game have a copyright on their work. Copyrights last for the life of an author plus 50 years basically. |
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| This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Law Offices of Ken Dallara is located in California where he is licensed to practice. He is also registered to practice before the United States Patent Office. His office is located in Southern California |
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