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What is "Intellectual Property Law"?
Intellectual Property Law, or "IP Law" as it is sometimes known in the legal profession, is one of the fastest growing and most exciting areas of the law because of the increasing importance of designs, ideas and technological know-how in today's economy.
Specifically, Intellectual Property Law is the area of the legal system which is concerned with the protection of property that is intangible (i.e., something one cannot physically touch). Intellectual property, unlike real or personal property (real estate, automobiles, buildings, etc.) is derived from the human mind and is commonly thought of as an idea which may be embodied as an invention including a device or method of doing something, a distinctive name for a product or business, an artistic or ornamental work, etc.
Intellectual Property Law comprises four (4) main areas: (1) patents; (2) copyrights; (3) trademarks; and (4) unfair competition law. Each of these four areas are explained in more detail below:
Patents. A patent is the grant of a right to exclude someone else from making, using or selling an invention which one may properly claim. This right of exclusion may also be licensed by the patent owner. Although inventions are often a tangible embodiment of a novel idea, patents may be obtained on processes or methods of manufacturing products. Moreover, even though modern patents are often based on increasingly complex high-technology, patents may nevertheless be granted on relatively simple innovations, as long as they are novel, non obvious, and have utility.
Copyrights. A copyright gives the owner the sole right to make, publish and sell various forms of literary and artistic expression in either print form or in three dimensional form. In addition, it is possible to obtain copyright protection for certain technological forms of expression, such as that found in computer software programs and in computer microchip design under the mask work protection statute.
Trademarks. Trademarks or Service Marks are words, designs, smells, colors, features or any other symbols which indicate the origin or source of the goods which bear that trademark or service mark. Trademarks are useful for distinguishing one's own products from another person's products, while Service Marks are useful for distinguishing one's own services from another person's services .
Unfair Competition. Unfair competition law usually concerns situations where a company or person tries to mislead consumers into buying his products instead of another person's products. Such tactics are often accomplished through the use of counterfeiting, imitation (i.e., "knockoff" goods), false advertising, or by the illegal restraint of trade.
Trade Secrets. Trade secrets are generally thought to consist of a formula, pattern, or device of compilation of information which may be used in a person's business to give him an advantage over his competitors who do not know how to use it. Theft or misappropriation of a trade secret may be actionable at law.
Should you require more in-depth information regarding patents, copyrights and trademarks as they pertain to your particular situation, you may arrange for an initial consultation with a member of our Firm by sending e-mail to the address below.
How can I obtain protection for my intellectual property ?
An application for your patent or trademark is filed with the United States Patent and Trademark Office in Washington, D.C., while a copyright registration is made through the Library of Congress in Washington, D.C. Patents, Copyrights and Trademarks are all subject to certain legal requirements in order to achieve proper protection. It should be noted that protection obtained in the United States only protects your intellectual property domestically. If an applicant desires to obtain protection in a foreign country, separate international applications must be made.
How can I contact the law firm of Hedman & Costigan ?
Should you desire protection for your intellectual property, or need assistance in licensing matters or help in defending or asserting a claim of infringement or unfair competition, please contact us to set up an initial consultation:
Address: Hedman & Costigan, P.C.
1185 Avenue of the Americas
New York, N.Y. 10036-2646
U.S.A.
Voice: 212.302.8989
Facsimile: 212.302.8998
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