Copyright and Intellectual Property Laws are the rules for securing and enforcing legal rights to designs, intentions, and artistic works. These laws have been established by Article I, Section 8 of the US Constitution in order for the legal system to provide protection for both tangible and intangible properties. Although Congress grants these rights, two different government offices administrate them: the US Patent and Trademark Office and the US Copyright Office.

There are three specific types of registry property law can be filed under and they include:

Patents

Patents are for inventors to establish their rights to use their product in the marketplace.

• The types of items that can be patented include; new machines, technological improvements, and manufactured goods (including their appearance).
• They can be valid for up to 20 years.
• Patents will be denied is the invention is found to be obvious, not useful, or morally offensive.

Trademarks

Trademarks are for symbols, names, and slogans used to identify goods and services.

• Their purpose is to assist in avoiding confusion, deter misleading advertising, and to help consumers distinguish one brand from another.
• Since the goal for a trademarked symbol, name, or slogan is to distinguish itself, generic or purely descriptive terms may not qualify.
• Trademark rights have the potential to last forever, and the symbol, name, or slogan doesn’t have to be registered (only used or in use) for rights to apply.

Copyrights

Copyrights are for writing, music, motion pictures, architecture, and other intellectual and artistic expressions.

• Copyright protection can only be guaranteed for things captured in a fixed medium.
• he act of creation itself provides copyright protection no matter if the work is published or unpublished.
• Most copyrights are valid for the creator’s lifetime plus an additional 70 years.

Protecting Against Infringement

Here at Naegeli, our services for organizing and indexing all case information as well as full litigation support services can be crucial when defending or prosecuting intellectual property infringement.

In an ideal world, owners will have taken at least some measures to make their claiming rights universally visible, but so often that is not the case. With artists and intellects, proving proof of rights can be difficult if a sometimes vague process, and often times the level of authentic evidence available will not hold up in court or be less useful than the owner believes.

Because intellectual property suits can get expensive quickly, we at Naegeli understand the urgent need to process finite, theoretical detail as important facts to bolster your client’s claim. Whether it is for infringement or claiming infringement, ensuring property rights is not only a lucrative business venture but also a way of ensuring that artisans and inventors are able to guarantee a living wage and adequate working conditions in which to continue their craft.

If your firm finds themselves processing a large intellectual property dispute, don’t hesitate to bring Naegeli’s expert team to your side.