Intellectual property

 

Overview
In general terms, intellectual property is any product of the human intellect that the law protects from unauthorized use by others. The ownership of intellectual property inherently creates a limited monopoly in the protected property. Intellectual property is traditionally comprised of four categories: patent, copyright, trademark, and trade secrets.

Common Law
Common law did not recognize intellectual property rights. Justice Brandeis communicated this belief in his dissent to International News Service v. Associated Press:”The general rule of law is, that the noblest of human productions—knowledge, truths ascertained, conceptions, and ideas—become, after voluntary communication to others, as free as the air to common use.”

Modern Intellectual Property Rights
The products of the human intellect that comprise the subject matter of intellectual property are typically characterized as non-rivalrous public goods. Essentially, this means that the same product may be used simultaneously by more than one person without diminishing the availability of that product for use by others.

The law of intellectual property can be seen as analogous to the law of tangible property in that both consist of a bundle of rights conferred upon the property owner. However, the law of intellectual property is separate and distinct from the law of tangible property. Where the right of exclusive possession is at the core of the bundle of rights protecting real and personal property, land and chattels, the same can not be said of intellectual property. The law of intellectual property is commonly understood as providing an incentive to authors and inventors to produce works for the benefit of the public by regulating the public’s use of such works in order to ensure that authors and inventors are compensated for their efforts.

Congress derives its power to regulate patents and copyrights from the “intellectual property clause” of the Constitution. See U.S. Constitution, Article I, Section 8. Congress’ power to regulate trademarks is constitutionally grounded in the Commerce Clause. The U.S. Patent and Trademark Office (PTO) is responsible for issuing and monitoring federally registered patents and trademarks. Although patents are exclusively governed by federal law, trademarks may also be regulated by State law. Copyrights are exclusively regulated by federal law and must be registered with the U.S. Copyright Office to be enforceable. Trade secrets are primarily regulated at the State level, and are traditionally subject to the laws of unfair competition.

Related Articles

8 Tips to Find a Reliable UK Immigration Lawyer

8 Tips to Find a Reliable UK Immigration Lawyer It can be difficult to find a trustworthy UK immigration lawyer. These are our top tips...

Reddit Legal Advice: 3 Tips for Evaluating Online Legal Advice

Reddit Legal Advice: 3 Tips for Evaluating Online Legal Advice Although it's possible to find the exact answer to your legal questions on the internet,...

Truck Accident Lawyers

Truck accidents are one of the most devastating events that happen to people, and when you're involved in one, you need the best legal...

What is Legal Information?

What is Legal Information? Any person who is familiar with the law can give legal information. This is different from legal advice. It's simply a...

High Conflict Divorce & Family Law

High Conflict Divorce & Family Law Alberta's legal system and judicial system have made significant progress in encouraging parties and their families to choose Alternative...

Here are some tips to help you choose the best criminal defense lawyer

If you are arrested or accused of a crime, hiring a criminal federal defense lawyer is the best decision you can make. You might...

A Certified Intimacy Coach and Educator offers advice on how to get your partner to sex after divorce

A Certified Intimacy Coach and Educator offers advice on how to get your partner to sex after divorce Some people are eager to get back...

New York Personal Injury Lawyer

Personal Injury Lawyer We are here to assist you in resolving your matter Uncertainties are part of life as everyone is susceptible to an accident...

Personal Injury Lawyer LI – Get the Most Help

What Is a Personal Injury Lawyer? It is important to realize the process of making claims against an individual or an entity. These parties have...

Follow Us

1,000FansLike
1,000FollowersFollow
1,000FollowersFollow

Your Wellness and “Beauty Master”

Despite our busy lives, most people manage to find some time to care for...

Reddit Legal Advice: 3 Tips for Evaluating Online Legal Advice

Reddit Legal Advice: 3 Tips for Evaluating Online Legal Advice Although it's possible to find...

California Personal Bankruptcy Regulations

California Personal Bankruptcy legislation Permit the usage of National supplemental exemption together with California...

How to Get a Green Card with an Immigration Lawyers’ Help

Although it may seem simple, the process of immigration to the United States can...

Commercial vs. “Domestic Electrician”

What is the difference between Domestic Electrician and commercial electricians? The answer to this...

How To Choose A Really Good Truck Accident Attorney To Help You

Most people have no idea how to choose a really good truck accident attorney....

Subscribe ⇘

spot_img
error: Content is protected !!