IP rights are granted by the government to the creators of IP to use the property exclusively for a certain period. If these rights are violated, the creator of the IP can, with the help of an intellectual property lawyer file a case against the offender who can face criminal charges in a court of law. Whether you are an artist, an entrepreneur, an inventor or a marketer, you must know about different types of intellectual property rights. To help, the post lists some common types of IP rights. Take a look.
1. Copyright
Copyrights generally apply to artistic creations such as literary works, dramatic works, sound recordings and architectural works. Copyrights, however, cannot be claimed for ideas and information and the creation must be expressed in words or in writing. In the US, work of arts created after January 1, 1978 can be registered with the U.S. Copyright Office. The duration of a copyright generally lasts during the author’s lifetime and 70 years after they die. Copyrights in the U.S. are non-renewable and gives exclusive right to the holder to modify, distribute, display, perform and copy the work of art.
2. Patent
Patents cover inventions and restrict anybody other than the holder to make, sell or use the invention in any form. Three different types of patents are: Utility, design and plant. To qualify, the invention must be novel, unique and have industrial application. Inventors need to file for a patent within 12 months of releasing it in a public setting. Any delay in doing so can result in them losing the right to patent the invention.
3. Trademark
Trademarks include words, phrases or designs used by businesses to distinguish themselves from competition. To qualify, the word, phrase or design must be unique, which is why it is a good idea to scan federal and state databases and make sure a similar trademark does not exists. When filing for a trademark, make sure the mark is represented clearly and mention the category of goods or services to which it will apply. Trademarks are provided for 10 years, after which the business needs to renew it for the next 10 years.
4. Trade Secrets
Trade secrets can be a formula, device or any specific business info used by an organization to have an edge over competition. Unlike other IPR, trade secrets are not provided by government and the business must take reasonable steps such as getting their employees to sign a non-disclosure form and restricting access to strategic and confidential business info to protect their interests.
Conclusion
In today’s world, where information can be relayed with the click of a button, the need for protecting IP cannot be emphasized enough. Whether you own a business or are an artist, learning about these and other IPRs will help safeguard your interests in the long run. In case of any IPR violations, consult an intellectual property law specialist immediately.
