Intellectual Property, Trademark, And Trade Secrets

What aspects make up intellectual property? How is it protected? According to Leslie Ellen Harris, it is important to shed light on just what copyright is. She writes, “Section 102 of the U.S. Copyright Act states the following: In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work (Harris 39).” Understanding the limitations and exceptions within the field of copyright aids in

Protection of intellectual property are investments based on acquired knowledge, thought and effort by one or multiple individuals on behalf of themselves, the business they work for when the property is created, and a financial investment. Each of these – acquired knowledge, thought, physical effort, financial investment – have a value that can be attached as it relates the usefulness or importance of the resulting product. That value will have a level of importance to the individual(s) creating the product and if applicable, the investor providing the funds in support of the creation.

According to Chernoff, Vilhauer, McClung & Stenzel, the following table outlines the three major differences between patents and trade secrets:

Copyrights are more limited in scope than patents. They protect the original works of authorship, not the ideas they contain. In the United States, original works include literary, drama, musical, artistic, and certain other intellectual works. A computer program, for example, is considered a literary work and is protected by copyright. A copyright gives its owner the exclusive right to reproduce and distribute the material or perform or display it publicly. However, copyright law does permit limited reproduction of copyrighted works without the owner 's permission for “fair use” such as criticism, teaching, and news reporting. In the United States, a published work must have a copyright notice, the name

Intellectual property protects legal rights and ownership in the market place through ‘intellectual property rights’. This can include trademarks, copyright, industrial design and patens. These protect brand names, designs and inventions.

In the past, there have been many disagreements in the trademark standpoint. Examples of this would include the Slants, a Portland-based Asian-American dance band, as well as the Washington Redskins. Throughout the years, there have been many individuals that have stood for Trademark office to rule against the Washington football team and withhold a Federal trademark for their offensive moniker. Although the term “Redskin” is offensive to many individuals, the 1st amendment as well as role of the trademark office should have allowed them to keep their name and trademark.

The main differences between the copyright,patent,and trademark law is that according to civil code (980) states that: the author of an original work has total ownership of the created object or record.” this law clearly states that the owner of an original work has total ownership and so no one else can claim the record unless he/she buys it directly from the creator of the song or album,so this applies to copyright because the original owner of a record or any other work for that matter has a protection by the Federal bureau of investigation (FBI) and the central intelligence agency (CIA),with this protection the owner of the work must convince the court that he created the copyrighted work which someone else stole,the federal government

Everywhere we look there is intellectual property. Intellectual property relates to intangible property such as patents, trademarks, copyrights, and trade secrets” (USLegal, n.d.). With all of the intellectual property readily available, online and in print there is no wonder that we as a society have an issue with safe guarding our own intellectual property. In order to protect our intellectual property there have been many laws and or rules established to govern how we handle and safeguard this type of property. These laws are found at both state and federal levels and are different between states. In a similar fashion, laws vary between countries as well.

The protection of intellectual property is important and necessary in order to promote progress. The idea is that by trading exclusive rights to the creators of inventions and creative works in exchange that the creative work or invention to be available to the public is mutually beneficial to both the rights holder and society in general. By granting these rights, the creators and owners are able to benefit both socially and financially from that which they created. This provides an incentive for people to pursue the creation of and the investment in intellectual property. There are however limits to the rights of such inventions and creative works.

A patent is a copyright protection issued by the government for an invention, which prevents others from stealing their idea. Profit can also be made off of this idea for a certain period of time with a patent.

What is intellectual property? Intellectual property or IP for short is creations of the mind, such as; inventions, literary and artistic works, designs and symbols, names and images used in commerce. Among these IP also includes trade secrets, patents, copyrights, and trademarks. IP and its protection are detrimental to the success of the economy. IPs are the innovations that drive the market forward and they are what created eras like the renaissance and the industrial revolutions. But nowadays it is a lot easier to steal one 's idea and pass it on as your own. There lays a major problem that the United State and many countries around the world face. Over $300 billion have been lost due to the theft of IPs from the U.S. per year.

A product design may qualify for a design right while at the same tie enjoy protection under other intellectual property rights such as trademark law. An example is that a design might be registered if it has individual character and it new and can also be registered as a trademark if the object is distinctive. This overlap implies that there are some features that are similar in in the

Recently, Congress and the courts in the United States have been active in reining in what many have seen as patent system that has run amuck. In the process, they have placed a number of limits on patent holders’ ability to effectively and successfully enforce patents. But as opportunities to enforce intellectual property through patent suits have been narrowed, another IP door appears to be opening.

Patents are rights enforceable by law. It is the protection given to the inventors for their invention. Patents are granted for specific period. By patenting an invention, individual restricts the exploitation of his/her patent by others on a commercial level. Invention must be new idea or solution and useful. It may be the development of new device, substance method or process. Thus, patent can be product patent or process patent. Process patent protects the patentee also against the goods if imported using that patented invention. Invention must be differentiated from discovery. However , patentable invention can be one discovered if it explains how it can be successfully employed in

Description of cultural attitudes towards and presumption about whether a person can own words and knowledge. Indicate if modern trends such as globalization and easy access to information affected these and give consideration as to whether are also applicable in an organization. Also indicate if the presumptions hold true in ones career as an employee of the organization and how may this essay be relevant to ones work.