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 resulting 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 expanse of legal territory, from trademarks and copyrights, to inventions, designs, and creative aspects such as writing, music, and art. The IP law practice 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 attorney 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 an intellectual property 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 attorneys to specialize in the practice of IP. Some attorneys may have engineering degrees or backgrounds that reinforce their understanding of the industrial side of IP law and all the work they do and 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 IP attorney allows you to investigate all possible conflicts or infringements and hopefully avoid them. These attorneys can also work to help with the actual paperwork and trademark or copyright filing and administration process. In the future, a competitor or start-up company may knowingly or unknowingly infringe a trademark or copyright. Having an attorney who knows the history can be very advantageous in protecting such identifiers.
For any individual or business seeking an IP attorney, the first step is to find an attorney with experience and specialized expertise in the field. A performing artist working with an intellectual property attorney who specializes in technology may not be a good fit. But if that artist can find a company with experience and expertise in performing and creative 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.