Intellectual Property: Law The Information So...
Questions of innovation and information policy are critical to our society. As technology infiltrates nearly every aspect of our lives, intellectual property and antitrust issues are becoming increasingly pervasive.
Intellectual Property: Law the Information So...
Explore the intellectual property section on state bar association websites or visit the American Intellectual Property Law Association for more intellectual property law information. You can also speak with advisors at law school to learn about the opportunities available to students wanting to specialize in intellectual law. Discover the possibilities available to you with an online Juris Doctor (JD) degree from the St. Francis School of Law.
Trademark law protects that creative spark that connects an image or phrase to a business while copyright law protects the creative ideas of an individual spanning from software to writings, websites, music, art, and the performing arts. Trade secret law protects the independent economic value of information not known to the public when trademark and copyright law fail to apply . Together, these three areas of intellectual property law preserve the currency of creativity for individuals, start-ups, and established businesses.
Examples of intellectual property are music, books, movies, artwork, product names, logos, slogans and packaging, inventions that qualify for patent protection and information that is kept secret and not commonly known. Over the past 200 years, a variety of laws have developed within the United States to give intellectual works the same protections that real estate or other forms of "property" enjoy under the law. Indeed, intellectual property can be bought or sold just like a house or a car. Intellectual property can even be leased out.
At Allen, Dyer, Doppelt + Gilchrist, we know how important it is to protect your brand, idea, or business information. The problem is that intellectual property law can be complex and a lack of experience and attention to detail can leave your most valuable assets at risk.
Despite these shortcomings, Mexico undertook significant legislative reforms to implement its intellectual property commitments under the United States-Mexico-Canada Agreement (USMCA), with changes to its Copyright Law (Ley Federal del Derecho de Autor), Criminal Code (Código Penal Federal), and the passage of a new Industrial Property Act (Ley Federal de Protección a la Propiedad Industrial). These reforms included improvements in laws addressing protection against the circumvention of technological protection measures and rights management information, Internet-service provider liability, satellite and cable signal theft and penalties for aiding or abetting these activities, unauthorized camcording of movies, and transparency with respect to new geographical indications (GIs).
In any foreign market, companies should consider several general principles for effective protection of their intellectual property. For general background and more information, please review our article on Protecting Intellectual Property and our IPR protection website Stopfakes.gov.
Only where there is a tragedy of the commons do we insist on complete or relatively complete internalization of externalities. There is no tragedy of the commons in intellectual property. A tragedy of the commons occurs when a finite natural resource is depleted by overuse. Information cannot be depleted, however. Indeed, copying information actually multiplies the available resources, not only by making a new physical copy but also by spreading the idea and therefore permitting others to use and enjoy it. Rather than a tragedy, an information commons is a comedy in which everyone benefits.
This article examines and questions the traditional justifications for intellectual property (I.P.) rights in America (focusing on copyright and patent law), and explores incentives necessary to induce the creation of these works of information. I conclude that changes are needed to I.P. law in order to best foster society's dual goals of 1) promoting incentives to create I.P. works (such as currently patented drugs), while also 2) maximizing distribution of those products to all consumers who would stand to gain (and not merely those who can afford the monopoly price charged). Hence, I suggest the creation of a Government-Run Reward System to best serve both of society's goals: incentives distribution. Under the reward system, innovators would be paid directly by the government for their intellectual property creations. In turn, their works would pass immediately into the public domain so that they are freely reproducible and distributable at their marginal cost of production (rather than the monopoly price which prevails under patent and copyright law today). In its ideal form, the reward system thereby allows for both socially optimal creation and distribution of intellectual property works, eliminating the deadweight social loss that plagues us today.
The mission of the Berkeley Center for Law & Technology (BCLT) is to foster the beneficial and ethical advancement of technology by guiding the development of intellectual property law, information privacy law, and related areas of law and public policy as they interact with business, science, and technical innovation.
Employers also should make sure the written agreement complies with applicable state laws. For example, certain states require that the agreement include clear language carving out intellectual property created by the employee (i) entirely on his or her own time, (ii) without the use of any company property (e.g., equipment, supplies, facilities or confidential, trade secret information), (iii) that does not relate directly to the company's business or anticipated research or development, and (iv) does not result from the individual's work performed for the company. Some employers require employees to continually disclose intellectual property created outside the realm of his or her employment relationship. Again, this is done to avoid future arguments as to whether the company actually owns such intellectual property.
Our experienced copyright attorneys help clients protect software, artistic and literary works and proprietary business information so they can maintain competitive advantage. Our attorneys are recognized for their expertise, and personal client service across a range of intellectual property law issues worldwide.
We work with clients in the areas of soft IP (copyrights, trademarks, trade secrets, confidential information, but not patents). We help clients register, license, and protect their IP so they can protect and use it most efficiently and effectively. This involves IP audits where we inventory client IP along with the protections and uses in place which can be modified or improved to accomplish client goals. We can also advise clients on how to fashion and implement an intellectual property strategy that takes advantage of the legal framework so they can maximize their protection, and increase the value, of their IP. In addition, we assist clients with developing or reviewing non-compete and non-solicitation provisions, drafting or reviewing non-disclosure agreements, and with devising appropriate prevention and enforcement mechanisms including injunctive relief. 041b061a72