Intellectual Property Overview

Intellectual Property RightsIntellectual Property Rights

There are various forms of Intellectual There are various forms of Intellectual property rights (IP rights) and they include:property rights (IP rights) and they include: PatentsPatents CopyrightsCopyrights TrademarksTrademarks Trade SecretsTrade Secrets Trade NamesTrade Names Domain NamesDomain Names

Length of TermsLength of Terms

PatentPatent Patents on articles of Patents on articles of manufacturer and processes: 20 manufacturer and processes: 20 yearsyears

Design patents: 14 yearsDesign patents: 14 years

Drugs: approx. 7-20 yearsDrugs: approx. 7-20 years

CopyrightCopyright Individual registrant: life of the Individual registrant: life of the author plus 70 yearsauthor plus 70 years

Business registrant: for the Business registrant: for the shorter of either 120 years from shorter of either 120 years from the date of creation or 95 years the date of creation or 95 years from the date of publicationfrom the date of publication

TrademarkTrademark Original registration 10 yearsOriginal registration 10 years

Renewal registration: unlimited Renewal registration: unlimited number of renewals for 10-year number of renewals for 10-year termsterms

Patent InfringementPatent Infringement

This is when one’s patent rights are used by This is when one’s patent rights are used by others without the express permission of the others without the express permission of the patent holder.patent holder.

A patent holder may recover damages and A patent holder may recover damages and other remedies against a patent infringer that other remedies against a patent infringer that includes “disgorgement of profits” (taking the includes “disgorgement of profits” (taking the profits way from the infringer)profits way from the infringer)

Patents must be filed.Patents must be filed.

Copyright InfringementCopyright Infringement

Copyright holders can sue those who use their Copyright holders can sue those who use their works without permission or authorization. works without permission or authorization.

A copyright holder can recover damages which also A copyright holder can recover damages which also include “disgorgement of profits”.include “disgorgement of profits”.

Copyrights attach automatically when the work is Copyrights attach automatically when the work is created and no filing is necessary. However it is created and no filing is necessary. However it is advisable to file for a copyright so that the creator advisable to file for a copyright so that the creator has a legal presumption in court that they were the has a legal presumption in court that they were the 11stst in time and creator should there be litigation. in time and creator should there be litigation.

The Fair Use DoctrineThe Fair Use Doctrine

The copyright holder’s rights in the work are The copyright holder’s rights in the work are not absolute and there are times when use of not absolute and there are times when use of the copyright work is legal. The main legal the copyright work is legal. The main legal theory in this are is called the “Fair Use theory in this are is called the “Fair Use Doctrine”. Doctrine”.

This law permits certain limited unauthorized This law permits certain limited unauthorized use of copyrighted materials under the use of copyrighted materials under the following exceptions:following exceptions:

Elements of Fair Use Doctrine Elements of Fair Use Doctrine

The following are protected under this The following are protected under this doctrine:doctrine:

1.1. Educational uses or quotations for scholarly Educational uses or quotations for scholarly or technical work.or technical work.

2.2. Parody or satire work.Parody or satire work.

3.3. News reports that offer a brief quotation of News reports that offer a brief quotation of the work.the work.

Elements of Fair Use Doctrine Elements of Fair Use Doctrine

4.4. Reproduction by a teacher or student of a Reproduction by a teacher or student of a small part of the work to illustrate a lesson.small part of the work to illustrate a lesson.

5.5. Minor, incidental reprinting of copyrighted Minor, incidental reprinting of copyrighted work in a news story or broadcast of an work in a news story or broadcast of an event being reported.event being reported.

6.6. Legislative or judicial reproduction for legal Legislative or judicial reproduction for legal reasons (case writing, passing laws etc..)reasons (case writing, passing laws etc..)

Trademark LawTrademark Law The original registration of a mark is valid for 10 The original registration of a mark is valid for 10

years and renewed for additional 10 years. It is years and renewed for additional 10 years. It is federally registered at the US Patent and federally registered at the US Patent and Trademark Office (Trademark Office (www.uspto.gov) and often ) and often registered on a state level also. For Example: In registered on a state level also. For Example: In Florida the Secretary of State’s Office registers Florida the Secretary of State’s Office registers trademarks (trademarks (www.dos.state.fl.us) )

The symbol The symbol ®® signifies a registered trademark signifies a registered trademark (related to a good) and the “sm” is for service mark (related to a good) and the “sm” is for service mark (related to a service).(related to a service).

Trademark InfringementTrademark Infringement Third parties are liable for unauthorized use Third parties are liable for unauthorized use

of trademarks and may be ordered to of trademarks and may be ordered to “disgorge” all profits. “disgorge” all profits.

The owner may stop an infringing activity if The owner may stop an infringing activity if they prove that:they prove that: The defendant infringed the plaintiff’s mark by The defendant infringed the plaintiff’s mark by

using it in an unauthorized manner, andusing it in an unauthorized manner, and Such use is likely to cause confusion, Such use is likely to cause confusion,

mistake, or deception of the public as to the mistake, or deception of the public as to the origin of the goods or services.origin of the goods or services.