Intellectual Property Law

1. Categories of Intellectual Property
   1. Copyright
      1. Definition and Purpose
         1. Protection of literary and artistic works
            1. Ensures creators maintain rights over their original works
            2. Promotes a diverse cultural landscape
         2. Encouragement of original creation
            1. Provides economic incentives to creators
            2. Aids in the dissemination of knowledge and arts
      2. Eligible Works
         1. Books and Literature
            1. Novels, poetry, essays
            2. Educational textbooks
         2. Music and Lyrics
            1. Compositions and performances
            2. Sheet music and sound recordings
         3. Visual Arts
            1. Paintings, drawings, sculptures
            2. Photographs and prints
         4. Dramatic Works
            1. Plays, screenplays, and choreographies
            2. Performance pieces including dance
         5. Film and Video
            1. Movies, documentaries, and short films
            2. Animation and motion pictures
         6. Software and Computer Programs
            1. Source codes and algorithms
            2. Applications and games
      3. Duration of Protection
         1. Varies by jurisdiction, generally the life of the author plus a number of years (e.g., 50 to 70 years)
         2. Special considerations for anonymous or corporate works
      4. Rights Granted
         1. Reproduction
            1. Copying or reproducing the work in any form
         2. Distribution
            1. Selling or transferring ownership
            2. Lending or leasing
         3. Public performance and display
            1. Performance in public places
            2. Display in exhibitions or galleries
         4. Derivative works
            1. Adaptations such as translations or dramatizations
            2. Modifications and improvements
      5. Infringement and Remedies
         1. Identification of infringement
            1. Unauthorized copying or use
            2. Violation of moral rights
         2. Legal remedies
            1. Injunctions and restraining orders
            2. Monetary compensation or statutory damages
   2. Trademarks
      1. Definition and Purpose
         1. Protection of symbols, names, and logos
            1. Safeguarding brand elements
            2. Facilitating consumer recognition and trust
         2. Consumer protection and brand identity
            1. Preventing market confusion
            2. Protects goodwill associated with a brand
      2. Types of Trademarks
         1. Word Marks
            1. Brand names and slogans
         2. Design Marks
            1. Logos and graphic symbols
         3. Composite Marks
            1. Combination of word and design elements
         4. Service Marks
            1. Identifies and differentiates services
         5. Certification Marks
            1. Indicates goods or services meet certain standards
      3. Registration Process
         1. National systems
            1. Procedures and fees vary by country
            2. Importance of trademark searches
         2. International treaties
            1. Madrid Protocol and its procedures
            2. Advantages of international registration
      4. Duration of Protection
         1. Initially 10 years, renewable indefinitely
      5. Rights Granted
         1. Exclusive use
            1. Right to use the mark across registered classes
         2. Prevention of confusion in commerce
            1. Ability to prevent unauthorized use by competitors
      6. Infringement and Remedies
         1. Proving infringement
            1. Likelihood of confusion standard
            2. Dilution of famous trademarks
         2. Legal actions and penalties
            1. Cease and desist orders
            2. Compensation for damages
   3. Patents
      1. Definition and Purpose
         1. Protection of inventions
            1. Safeguarding technological advancements
            2. Rewarding inventors with exclusive rights
         2. Promotion of technological advancement
            1. Encouraging disclosure of inventions
      2. Types of Patents
         1. Utility Patents
            1. Inventions with a functional aspect
            2. Most common type, covering processes and machines
         2. Design Patents
            1. Aesthetic aspects of products
            2. Protects the visual appearance, not functional use
         3. Plant Patents
            1. New varieties of plants
            2. Covers alterations that are asexual reproduced
      3. Patentability Criteria
         1. Novelty
            1. Must be new and not previously disclosed
         2. Non-obviousness
            1. Must not be obvious to someone with knowledge in the field
         3. Utility
            1. Must be useful in some form or application
      4. Application Process
         1. Prior art search
            1. Review of existing literature and patents
            2. Determining originality and novelty
         2. Patent examination
            1. Evaluation by patent office examiners
            2. Possible need for amendments or clarifications
         3. Grant of patent
            1. Issuance of patent certificate
      5. Duration of Protection
         1. Varies by type, typically 20 years from filing date for utility patents
      6. Rights Granted
         1. Exclusive manufacture, use, sale
            1. Monopoly over the patented invention
         2. Licensing
            1. Ability to license for royalties
      7. Infringement and Remedies
         1. Identification and evidence of infringement
            1. Analysis of patent claims against infringing product
         2. Legal actions and outcomes
            1. Injunctions to stop further infringement
            2. Compensation for monetary losses
   4. Trade Secrets
      1. Definition and Purpose
         1. Protection of confidential business information
            1. Economic value derived from secrecy
         2. Maintenance of competitive advantage
            1. Protects unique processes and strategies
      2. Examples of Trade Secrets
         1. Formulas and Recipes
            1. Ingredients and methods (e.g., secret sauces)
         2. Business plans and strategies
            1. Strategic marketing and research data
         3. Customer lists
            1. Information regarding clientele and their preferences
      3. Protection Mechanisms
         1. Non-disclosure agreements (NDAs)
            1. Contractual agreements binding parties to confidentiality
         2. Internal policies and security measures
            1. Limiting access and maintaining security protocols
      4. Duration of Protection
         1. Indefinite as long as secrecy is maintained
      5. Misappropriation and Remedies
         1. Detection of misappropriation
            1. Unauthorized acquisition or disclosure
         2. Legal remedies
            1. Injunctions and seizure of harmful goods
            2. Monetary damages for losses incurred