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What is Intellectual Property?
August 1, 2017
MyTechnologyLawyer
Web Edition
The body of law commonly referenced when arguing "intellectual property rights" is a composite of statutes, judgments and case histories in four legal disciplines. Each of these disciplines addresses a different type of intellectual property asset and scope of rights.
TRADE SECRET: Trade secret law is commonly supported by state adoption of a Trade Secret Act. Trade Secret law protects confidential information which has commercial value because it is a "secret". A good example is the formula for mixing Coca-Cola.
PATENTS: Patent law is a product of federal statue and protects "inventions". Patent protection extends to the owner the exclusive right to preclude others from producing the invention. These rights are typically owned by the inventor or his assignee.
TRADEMARK: Trademark law is also a derivative of federal statute and protects a name, symbol, or mark used in commerce as an indication of goods or services associated therewith.Trademarks are typically owned by the party lawfully using the mark by virtue of origination, license or purchase.
COPYRIGHT: Copyright protects the form of expression for works of authorship - including books, music and computer software. The copyright owner is typically the author of the work or his assignee.
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