Intellectual property law: what is it

Many people have heard, read, spoken, written, or signed documents with the phrase “intellectual property.” But do you always know what intellectual property or IP entails? When starting out with a new employer, there is often a confidentiality clause or document that includes an IP reference, usually to the effect that any creations of the mind that result from or in employment are the property of the employer. Most sign these documents and are not always sure what they are agreeing to.

Intellectual property law covers a wide stretch of legal territory, from trademarks and copyrights, to inventions, designs, and creative aspects such as writing, music, and art. The practice of IP law can protect those who are the creators of new ideas or designs or can defend the company with the IP clause in the contract. For example, an intellectual property lawyer can help an inventor or entrepreneur file a patent for a new invention or file the documents to register the logo for that invention. A singer or musician can work with a copyright attorney to file copyrights to protect her rights with respect to recorded performances and sales of her works.

Because this area of ​​legal practice is so wide and varied, it is not uncommon for IP lawyers to specialize in the practice of IP. Some lawyers may have engineering degrees or backgrounds that further their understanding of the industrial side of IP law and all the work that goes into it and the technical understanding of those patents. Other attorneys may have strong work experience and education in the fields of business, banking, non-profit organizations, or the performing arts, which again helps to better understand and practice the nuanced and specialized aspects of trademark law. trademarks, copyrights and patents.

Although many cases in IP law involve individuals applying for patents and trademarks or copyrights, there are also many cases involving companies. From large corporations to sole proprietorships, everyone may find the need to file a trademark or copyright. Working with an intellectual property attorney allows you to investigate all potential conflicts or infringements and hopefully prevent them. These attorneys can also work to help with the actual paperwork and the trademark or copyright filing and administration process. It may be that a competitor or start-up may knowingly or inadvertently infringe a trademark or copyright in the future. Having a lawyer who knows the history can be very advantageous in protecting such identifiers.

For any individual or company looking for an IP lawyer, the first step is to find a lawyer with experience and specialized experience in the field. A performing artist working with an intellectual property lawyer who specializes in technology may not be a good fit. But if that artist can find a company with experience and knowledge in the creative and performing arts, the next step is to make sure the company works with people. Some firms only work with business entities, others only with individuals, and others with both. Of course, it is also important to work with a firm whose culture and personality match that of the client.

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