Intellectual intangible property protection

by | Mar 16, 2023 | business law

 

 

 

 

 

 

Identify and explain the forms of intellectual intangible property protection, how long they last and what remedies one can seek for an infringement of one’s intellectual property pursuant.
Research and provide one case law example of a business dispute involving intellectual property within the last two years. Summarize the facts, the law in dispute and the outcome decided by the court. Did you agree with the decision, why or why not?

Sample Solution

Intellectual property protection exists in various forms and is designed to protect an individual’s creative works from infringement. Patents, copyrights, trademarks and trade secrets are the most common types of intellectual property rights that can be granted by law. Patents last for twenty years and provide an exclusive right to make, use or sell a novel invention; copyrights cover original works such as songs, books or other creative works for the author’s life plus seventy-five years; trademarks provide protection over words, logos or symbols used to identify goods or services associated with a particular business ; finally trade secrets serve keep confidential information secret indefinitely until maliciously disclosed.

Sample Solution

Intellectual property protection exists in various forms and is designed to protect an individual’s creative works from infringement. Patents, copyrights, trademarks and trade secrets are the most common types of intellectual property rights that can be granted by law. Patents last for twenty years and provide an exclusive right to make, use or sell a novel invention; copyrights cover original works such as songs, books or other creative works for the author’s life plus seventy-five years; trademarks provide protection over words, logos or symbols used to identify goods or services associated with a particular business ; finally trade secrets serve keep confidential information secret indefinitely until maliciously disclosed.

An example of a business dispute involving intellectual property occurred in 2018 when U.S. District Judge Robert Sweet ruled in favor of Swiss watchmaker Swatch Group AG against Richemont North America Inc., who had been accused infringing design their famous Cartier Tank watch . The court held that while both parties watches shared similarity certain aesthetic elements their respective designs were distinct enough constitute separate pieces art thus granting relief sought Swatch Group ultimately favoring them outcome case.

I do believe judge made correct decision this instance because despite similarities between two products there still very clear differences each which allowed court differentiate them establishing proper ownership , something imperative ensuring fair marketplace where creators receive credit due hard work efforts put into creating own unique products . Additionally ruling set important precedent upholding value creative expression letting perpetrators know will face consequences if found guilty infringing someone else\’s copyright protected material .

Overall it evident all different types intellectual property play integral role production sale goods services society today providing necessary protections ensure artists received deserved recognition any profits earned through exploitation their creations misleading consumers alike therefore essential take into account length remedies available order ensure best interests all those involved handled properly at end day

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