What is us intellectual property [Must-Know Tips]



Last updated : Aug 16, 2022
Written by : Dorathy Hickle
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What is us intellectual property

What is the intellectual property means?

Intellectual property rights are the rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time.

What is US intellectual property infringement?

What is considered intellectual property infringement? It is illegal to violate the Intellectual Property Rights (IPR) that attach to a piece of intellectual property in any way. Owners of intellectual property rights (IPRs) have the power to prevent others from reproducing, duplicating, or exploiting their work.

What are the 4 types of intellectual property?

Patents, trademarks, copyrights, and trade secrets are valuable assets of the company and understanding how they work and how they are created is critical to knowing how to protect them.

What is intellectual property Why is this important to us?

Intellectual property protection is critical to fostering innovation. Without protection of ideas, businesses and individuals would not reap the full benefits of their inventions and would focus less on research and development.

What is intellectual property example?

Examples of intellectual property include an author's copyright on a book or article, a distinctive logo design representing a soft drink company and its products, unique design elements of a web site, or a patent on a particular process to, for example, manufacture chewing gum.

Who owns intellectual property?

Generally, the creator of a work is deemed its owner. However, intellectual property ownership can be determined differently for different types of property and under varying circumstances. For example, if work is created for an employer, the employer is the owner of that intellectual property.

What is the most common violation of intellectual property?

The most common type of intellectual property dispute is that of infringement. This is where intellectual property is used or appropriated without the owner's permission by another. Infringement can apply to many categories of intellectual property.

What is an example of intellectual property violation?

Intellectual property infringement is the violation of an intellectual property right. For example, creating a listing using a third party's image, trademark, logo, design, etc., without the appropriate permission from the intellectual property rights owner, can constitute intellectual property infringement.

How do you know if something is intellectual property?

You can find federally registered marks and pending applications using the USPTO's Trademark Electronic Search System (TESS). The results also tell you if a mark is still live (registration is still active), and link to more information about it in the Trademark Status & Document Retrieval System.

What is the difference between intellectual property and copyright?

The terms “copyright” and “intellectual property” are often used interchangeably. However, copyright is just a part of the scope of intellectual property, as are trade marks, patents, and designs. Intellectual property (IP) describes a form of property which is the intangible output of the human creative mind.

What are the 7 intellectual property rights?

Rights. Intellectual property rights include patents, copyright, industrial design rights, trademarks, plant variety rights, trade dress, geographical indications, and in some jurisdictions trade secrets.

What is the most important type of intellectual property?

Patent. A patent is used to prevent an invention from being created, sold, or used by another party without permission. Patents are the most common type of intellectual property rights that come to people's minds when they think of intellectual property rights protection.

How can the US protect intellectual property?

To obtain a patent in the U.S., the inventor must file a patent application with the United States Patent and Trademark Office (USPTO), which includes (1) a written document comprising a description and claims, (2) drawings when necessary, (3) an oath or declaration, and (4) filing, search, and examination fees.

How is intellectual property protected?

Inventors, designers, developers and authors can protect the ideas they have developed, for instance by means of copyright or patents. The aim is to prevent others from wrongly profiting from their creations or inventions.

Why intellectual property rights are needed?

Strong and Enforced Intellectual Property Rights Protect Consumers and Families. Strong IP rights help consumers make an educated choice about the safety, reliability, and effectiveness of their purchases. Enforced IP rights ensure products are authentic, and of the high-quality that consumers recognize and expect.

What are three examples of intellectual property?

  • Patents. The U.S. Patent and Trademark Office grants property rights to original inventions, from processes to machines.
  • Trademarks. Trademarks protect logos, sounds, words, colors, or symbols used by a company to distinguish its service or product.
  • Copyrights.
  • Trade Secrets.

What is intellectual property and types?

Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.

What are intellectual property laws?

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.

Who owns IP if no agreement?

There are some limited statutory exceptions, but the basic position is that, without an agreement, the creator owns the IP. This reality is commonly misunderstood and often causes disputes between parties later on.

How do you sell intellectual property?

There are two ways in which to convey or sell the use of your IP rights—this is by either an assignment or a license. If you compare it to real property, an assignment is akin to a sale, and a license is like a lease.


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What is us intellectual property


Comment by Bradford Leth

Thanks for this great article


Thanks for your comment Bradford Leth, have a nice day.
- Dorathy Hickle, Staff Member


Comment by Hortensia

greetings everyone as you know intellectual property is a type of intangible personal property what I'm going to talk about in this session is copyright law and what it means so a copyright is a protection of expression of an idea through artistry and creativity the copyright has to do with the what rights the creator has to control the use of that creation the on this slide you see the copyright symbol all rights reserved you can add a year but as you will see as we go along it's no longer required that you indicate that it's copyrighted material although it's always a good idea just to let others who read it know a copyright is a protection of expression of ideas now when I talked about in the intro about what intellectual property is in general intellectual property in general is that the law provides protection for how ideas are expressed with human creativity in the case of a patent that protects the invention in the case of a copyright it protects the creative artistic expression of an idea in the case of a trademark it puts protects the symbol or word that someone uses to demonstrate that a product is produced by a certain company or to show that what its origin is because if it's not a company it might be a country that is the origin that's what the trademark symbolizes and a trade secret symbolizes a non disclosed private process that a business has that it believes gives it a competitive advantage so copyright then protects the creative expression of an idea so what are the elements the protects expression of ideas as original works of authorship in tangible form but not the actual ideas the intellectual property can't protect ideas it only protects the expression of those ideas in a creative way so for example motion pictures and other auto visual works are protected under copyright pictorial graphic and sculptural works are protected under copyright sound recording so if you like music which I do those sound recordings are protected by copyright unless they holder the copyright chooses otherwise pantomimes and choreographic works are protected literary works books web pages those kinds of literary works are protected musical works and found recordings and musical works are some some of the same things although you can have a sound recording like this one which is you know my you hear my voice that can be protected and it's not music you really don't want me the same and then architectural works are protected under copyright law so what if what rights does a copyright holder have the rights include the right to perform or public publicly display the work the right to make derivative works from it so you right ain't the excuse me you write a book and then you take a chapter of that book and you make changes to it you have the right to do that and the other person who didn't create it doesn't the right to transfer our retain ownership you create the book you create the song you sell the phone to a music company and that music company now owns it because you sold it now you might sold it sell it for royalties right but the music company now owns it and that music company might sell it to a movie so that they use it in the movie etc and you have the right to transfer it or you have the right to retain ownership and say I might sell you part of the rights to this song I'll sell you 10% but the rest of it I own and I want to control you have the right to distribute copies as the copyright holder and you have the right to reproduction we produce the work those are all very essential rights that a copyright holder has earlier I had talked about ownership of property and what that means under the law this is an example of what that means under the law those rights that you have as a creator of the copyrighted work so what is infringement infringement is substantial similarities between your work and someone else's work in order to show infringement you do have to show access to the work and it doesn't necessarily have to be an intentional on infringement or intentional similarity the picture that is on the slide although you can't see it all together is a picture of twins but they don't look exactly what I like but they're substantially similar they look like facially but for example they dressed a little differently and so that's to illustrate that there needs to be substantial similarities it doesn't have to be identical but also you have to show access to the work so for example in the movie industry almost no movie production companies accept unsolicited manuscripts and part of that is because if they accept it and then they produce something that's substantially similar to it that creator can show access to the work and therefore there can be liability for infringing on the copyright one example of that I believe it was paramount but I'm not sure the studio a writer art art buchwald had submitted a script that was about a king who came from Africa to the US and you may remember part of that plot that was coming to America paramount produced a movie called coming to America and I forget the name of the script that art buchwald had sent to them but it was so similar the script was so similar to the ultimate coming to America that book wallet sued and won on the idea that there was substantial similarity there was access and so paramount had to pay for infringing on his copyright so which is not a right of a copyright holder the right to publicly perform created the derivative work to protect only if the copyright symbol is used to distribute copies to transfer ownership and I'll give you about 10 seconds to select the correct answer the correct answer hopefully you got this is to protect only if the copyright symbol is used that is not a right of a copyright holder in fact the copyright is protected even if you don't use the copyright symbol although we recommend that you use this copyright symbol because then that's a very visual very visual evidence that you have a copyright on something but as part of signing the Berne Convention on treat on a Berne Convention which was a treaty on copyright law we the u.s. agreed that the copyright symbol would no longer be required there is a defense and that's what this picture is as someone defending a football game the fair use defense is probably the most common along with that is the parody defense and the parody is where you make fun of something and in order to make fun of the something or in order to show what you're making fun of you have to use part of what you're making fun of the classic example of that is the pretty woman case that went to the US Supreme Court in that case you may remember the song pretty woman I won't attempt to sing it you might not like it if I do but it was a song by Roy Orbison that was used for the movie pretty woman and a group a rap group 2 Live Crew decided to make fun of that song and in making fun of it what they did was to use that the baseline pretty woman and then of course in the chorus they say pretty woman walking down the street pretty woman etc and roy orbison didn't like to Live Crew's version a pretty woman so decided to sue for copyright


Thanks Hortensia your participation is very much appreciated
- Dorathy Hickle


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