Protecting Intellectual Property
The world depends on the creation and invention of forward thinkers. Without them, society would not be where it is today. Technology thrives because of the genius minds that think outside the box. Literary works and art nurture the creative and cultural sphere found in our society. It is important to protect and preserve the rights of such works known as intellectual property.
Types of Intellectual Property include:
- Computer programs
- Computer software
- Business methods and processes
- Literary works (e.g., novels, poems, plays, and scripts)
- Brand names
- And more
Intellectual property is protected by law. However, cases where intellectual property has been misappropriated or infringed upon, exist more than the public realizes. Cases that involve infringement and misappropriation can be complex and challenging. Companies and individuals alike depend on the protections found under the intellectual property laws and experienced attorneys. It is crucial to seek an attorney who is knowledgeable with intellectual property litigation in New York if your case involves intellectual property.
Intellectual property rights consist of four categories. The four categories are copyrights, patents, trademarks, and trade secrets. Each of these categories covers certain rights and protections that correlate to different types of intellectual property. An intellectual property, however, can be protected under more than one category. For instance, a formula for perfume can be entitled to patent and trade secret rights and protection. An intellectual property attorney in New York can help determine the appropriate category or categories that pertain to work or creation.
Images such as photography and artwork can be protected under copyright law though it is not only exclusive to these types of works. Novels, scripts, plays, videos, movies, packaging labels, webpages, and software can also be protected by copyright law. The literary and artistic works have to be original in order for a person, business, or company to claim copyrights. A work does not need to be registered to be protected; however, it is wise and highly beneficial to do so.
If a work has been infringed or misappropriated, it is vital to consult an intellectual property attorney in New York to discuss how to move forward with legal action. Often, the attorney fees can be paid for by those infringing on the intellectual property if the work is registered. If it is not registered, then the attorney fees must be paid by the original owner.
Copyright cases can be extremely complicated. It is not advised to handle such cases alone. A person seeking to protect their intellectual property rights can find the legal system overwhelming and, in turn, damage their own case. An attorney who is skilled with intellectual property litigation in New York will ensure that all rights are protected and preserved.
Unlike copyrighted work, patents require registration. A patent grants the owner of the intellectual property to exclusive rights to produce and sell their creation or invention. Others cannot infringe upon the intellectual property by producing, duplicating, or selling a patented creation. However, after a certain number of years, the patent becomes part of the public domain, and it can then be altered, produced, and sold by others. Depending on the type of patent, the original creator can have exclusive rights between 15 to 20 years.
Types of patents include computer software, computer hardware, machines, musical instruments, business methods, games, sporting goods, plants, makeup, and perfumes. Patents have to have a useful purpose, be original, non-obvious, and be patent-eligible. Ideas and concepts cannot be patented. However, a person, business, or company can provide a proof of concept on paper or computer rendering to qualify for a patent.
Intellectual property involving patents can be challenging. An intellectual property attorney in New York should be sought for legal guidance, especially if infringement is involved.
Trademarks are the most popular form of intellectual property. It’s safe to say that the majority of people can name at least five different trademarks from the top of their heads. Trademarks are wordmarks, logos, slogans, color schemes, sounds, and even smells that entities use to help customers or the public identify their products, business, or services.
Visa, Pepsi, and Apple, for instance, have popular trademarks that are hard to miss and easily recognizable. All popular trademarks are registered to prevent infringement. It is not required to register a trademark; however, it is highly recommended to do so. A registered trademark is backed by additional protections that safeguard its owners from infringement and misappropriation.
If a trademark is registered, the owner has an automatic right to sue in federal court and depending on the outcome of the case, they may be able to also recover damages due to infringement. An unregistered trademark may be able to sue in federal court; however, there are challenging requirements that must first be met. If unable to meet the requirements, the case may be heard in a state court instead.
If you have a case that involves intellectual property, it is imperative to secure an attorney with expertise in intellectual property Litigation in New York who can help protect and preserve your rights.
A company, business, or person’s best-kept secret can be treated as intellectual property. This type of intellectual property is known as a trade secret. A trade secret can be a recipe, formula, business method or plan, customer lists, a design, process, or pattern that depends on being kept confidential because of its value.
Trade secrets depend on the measures that the owner takes to keep it confidential from the public. Since trade secrets are not registered with the government, it is vital that the owner of the trade secret takes appropriate steps to safeguard it from untrustworthy sources or people who may exploit or misappropriate it. If a trade secret becomes public, it can lose its value and no longer be considered a trade secret.
If you have a case that involves the misappropriation of a trade secret, it is imperative to seek the assistance of an experienced intellectual property attorney in New York who can help explain intellectual property laws, analyze your case to determine the best solution, and fight to protect your rights. Contact Corcoran IP Law, PLLC to discuss your case today.
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