Facets of Intellectual Property

Industrial Property

Patents Trademarks Industrial Designs Writings Musical works Dramatic works Audio visual Paintings, etc

Copyright & Neighboring rights

Emerging Areas

Protection of life forms Geographical indications, etc

INTELLECTUAL PROPERTY LAW

Intellectual property means When intellectual property qualifies under law, the

creator/owner is granted with 2 certain rights. - To exclude others from infringing or taking the property. - To license, sell or will the patent, copyright or trademark. The owner of IP is subject to rules regarding - Government Registration - Recordation - Abandonment - Forfeiture

Scope of Intellectual Property law

Patents Protection of semi conductor chips Copyrights

Fine arts law

Trademarks

Intellectual property

False advertising

Trade secrets

Unfair competition

Right of publicity

PATENT LAW
Patent is a legal right for a limited term to exclude others

from using, selling or making an invention. Patent right applies to new products & new processes 3 types Utility patents Design patents Plant patents

Utility patent
Legal protection granted for inventions or other

discoveries - Machines - Processes - Compositions - Articles of Manufacture The invention should fulfill 3 characteristics
Non obvious

Novel

Useful

Design patent
Legal protections granted for new, original, & ornamental

designs for useful objects. It protects only the appearance of an article, not its structure or utilitarian features. Example

Plant Patent
Legal protection granted to distinctive plants reproduced

sexually, by means other than seeds. Example

Time frame for different types of Patent protections

Plant & Utility patents filed before June 8, 1995 enjoy

patent protection for 17 years from the date the patent is issued.
Patents filed after June 7, 1995 enjoy protection 20years.
Design patent is protected for a maximum of 14 years.

Examples
Utility patent- Facsimile machine

Design patent-shape of an electric guitar

Plant patent- Luther Burbanks hybrid peach

COPYRIGHT LAW
The person/entity that creates a copyrightable work is known as

Author
Legal right to exclude others from copying, selling, performing,

displaying or making derivative versions of a work of authorship.

This law is applicable for limited time. This law protects

- Music & dance - Architecture - Writing - Computer Programs & websites - Plays & movies - Visual art works

Examples
Andy Warhol prints

Architectural plans for Trump Tower

Time frame for Copyright protection

Life of the author + 70 years (works created by single

author) Other works are protected for 120 years from date of creation or 95 years from 1st publication, whichever is longer.

TRADEMARK LAW
English law Unfair Competition Is any word, symbol, design, device, logo or slogan that

distinguishes goods or services. Informs customers quality, reliability Goodwill strengthens the trademark value. The owner of trademark can excludes others from using a similar trademark on similar or related goods to avoid confusion in consumers mind. Registration offers special rights in the event of infringement. Trademark protection lasts for as long as a business continuously uses in connection with goods or services.

Examples

TRADESECRET LAW
Is any business information that is kept in confidence.
Trade secret gives business an advantage over

competitors. Has value only if its not published. No registration process. Lasts as long as it is kept confidential.

RIGHT OF PUBLICITY
Right to control the commercial exploitation of a persons

name, image or persona Traditionally associated with celebrities. To avoid misappropriation of the right of publicity, all models or persons used in advertisements are asked to sign consent agreements. Only extends to commercial exploitation Matter of state of law Exists for lifetime of a person

INTELLECTUAL PROPERTY AUDIT

Review and analysis of companys intellectual property

portfolio Companies may have their own paralegals for the inspection

Paralegal tasks in IP law

Paralegal is a person who gives legal advice or represent litigations in Intellectual Property disputes Patent: Paralegals assist in patent searching & patent , trademark , copyright litigation. Also assist in maintenance of patent portfolio. Copyright: Paralegals takes up copyright registration tasks. They also maintain copyright records. They may also be asked to investigate the copyright status of a work. Regarding disputes, paralegal assist in pretrial procedures, trial preparation, & post trial activity.

Trademarks:
Paralegal involvement begins with trademark selection

process, including determining availability & registrability.

Assists in tracking of infringing & counterfeit marks. Paralegals are involved in the policing & protection of

trademarks.

Ethical obligations of the paralegal in Intellectual Property Law

These obligations are derived from the American Bar

Associations Model Code of Professional Responsibility & Model Rules of Professional Conduct.

CONFIDENTIALITY
Most important ethical concerns
Information that the client discloses should be

disclosed only with the consent of the client When in doubt the paralegal should seek advice for supervising attorney.

CONFLICT OF INTEREST
An attorney is ethically prohibited from representing a

client whose interests conflict with others Paralegal should fully disclose all the potential conflicts when he moves to another firm

UNAUTHORIZED PRACTICE OF LAW

The representation of a client before a court by non

attorney Or a person not licensed to practice law in the state generally constitutes the unauthorized practice of law.

WALT DISNEY
An American artist & entrepreneur 1920 cartoons based upon a character

called Oswald the Rabbit Conjunction with Universal 1928 informed that Universal claimed the rights to Oswald Train ride to California Mortimer Mouse (Mickey Mouse) This time acquired copyright ownership to his Mickey Mouse films & character

 1930s Mickey Mouse & Donald Duck Academy Award in 1937 The Old

Mill On April 23, 1940 granted a patent for multiplane camera 1937 Snow White and the Seven Dwarfs Success led to Fantasia, Lady and the Tramp, 101 Dalmatians 1950 live action films Treasure Land, Mary Poppins, Old Yeller, The Absent Minded Professor New medium television Walt Disney Presents Musical recordings record label Buena Vista

 1955 Disneyland Company is one of the largest owners of intellectual

property in the world Movie studios, television network (ABC), radio stations, production companies & maintains several websites 1998 extended the length 0f copyright protection Copyright law cartoons, characters, films, television programs, sound recordings, websites, books Trademark law Disney, Disney logos & symbols Patent Law inventions created or acquired by Disney Company