Intellectual property may be defined as any product of human intellect which can be protected from unauthorized use under the law.
Intellectual property law typically refers to a broad area of law which may secure and protect the rights of a person’s original work. These laws may protect the exclusive control of intangible assets through patents, copyright, industrial design rights, trademarks, trade dress and even trade secrets.
Intellectual property laws are usually designed to promote economic growth while encouraging new technologies, artistic expressions and inventions. The theory is that individuals are more likely to produce things which create jobs, develop new technology, and/or benefit society if they know their creative work will be protected.
Interestingly, Article I, Section 8 of the U.S. Constitution expressly provides authors and inventors exclusive rights to their creations, “To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.”
Infringement of intellectual property rights may occur when an individual or business uses intellectual property without authorization. Many individuals and companies attempt to discourage infringement by placing various markings to indicate a patent, copyright, and/or trademark.
If an individual or business’ intellectual property has been infringed upon, legal action may be necessary. An individual or business may file a lawsuit in federal court to enforce intellectual property rights. However, litigation can be complex, time consuming and costly. For this reason, it is often wise to speak with an experienced attorney if one’s intellectual property has been infringed upon.
If you need help with an copyrights, trademarks, patents or another intellectual property issue, contact Volks Anwalt today. We offer free case evaluations to determine how we may assist you with your intellectual property issue.