Intellectual Property Issue Monograph

Intellectual Property Issue Monograph

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  • Date Submitted: 03/18/2009 3:59 PM
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Intellectual Property Issue MONOGRAPH

Prof. Dr. Randall Harakal

LAW 6000

I-Chun, Lin

I. Does intellectual property have a common law copyright which protects it from infringement (intellectual property crime)?
II. Yes
III. There are four major intellectual property laws in the United States
that are important. Copyright law, which protects original "works of authorship." Patent law, which protects new, useful, and "nonobvious" inventions and processes. Trademark law, which protects words, names, and symbols used by manufacturers and businesses to identify their goods and services. Trade secret law, which protects valuable information not generally known that has been kept secret by its owner (Brinson & Radcliffe, 1994).
Law Intellectual property refers to the legal rights that correspond to things, people, and organizations create and invent in the industrial, scientific, and artistic fields. These legal rights, most commonly in the form of patents, trademarks, and copyright, protect the moral and economic rights of the creators, in addition to the creativity and dissemination of their work (Interpol, 2003).
Patent protection means that the invention cannot be commercially sold, made, used, or distributed without the patent owner’s consent. These patent rights are usually enforced in a court, which holds the authority to stop patent infringement. Conversely, a court can also declare a patent invalid upon a successful challenge by a third party (WIPO, 2005).
Besides, a patent owner has the right to decide who may or may not use the patented invention for the period in which the invention is protected. The patent owner may give license or permission to other parties to use the invention on mutually agreed terms. The owner may also sell the right to the invention to someone else, who will then become the new owner of the patent. When a...

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