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Intellectual Property Disputes

Posted by on Apr 6, 2017 in Intellectual Property | 0 comments

Intellectual Property Disputes

Intellectual property refers to a creation of the mind that has been determined by law to be the legal property of its creator. It may come in many forms and it can be utilized by different kinds of individuals. Some examples include the novels of authors, the designs of an architect, and even the logo of a company or brand.

According to the website of Williams Kherkher, disputes regarding intellectual property do happen, and they often involve copyright and trademark cases and trade secret litigation.

Copyright and Trademark

Copyright is a legal concept wherein an individual will gain right to its original works. Usually, this right is only for a limited time, like about 70 years after the individual’s death. Many copyright issues include literary works, such as novels, films, photographs, and other published materials, but it is not unheard of to have copyright issues on unpublished materials.

A trademark is a sign, design, expression, or anything that makes individuals, companies, products, and services, to be recognizable and distinguished from others. Many trademark issues include logos and slogans of products, but it is not unheard of to have issues on non-conventional concepts, such as colors, smells, and sounds.

Trade Secret Litigation

A trade secret refers to important information that makes an individual or organization competitive and recognizable in its field. It is also a branch of intellectual property, so these secrets are just as protected as copyrights and trademarks. The most common trade secret issues occur when a high-ranking official in an organization has acquired and has made public customer information, secret recipes, manufacturing processes, and other factors that make the organization stay competitive.

Why These Properties Should Be Defended

Copyrights, trademarks, and trade secrets are there to protect different forms of intellectual properties, but why do these properties need protecting anyway? It is because our world progresses through competition, and the best way to compete is to create something that is legally innovative and unique. Intellectual property rights exist for both protection and encouragement of healthy competition.

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