The most concise and comprehensive explanations of intellectual property law available!

Whether you're an Edison, Faulkner or Jobs, you need Patent, Copyright & Trademark.

Intellectual property law has rapidly produced its own language. But don't count on understanding it right off the bat -- the language baffles lawyers and lay folk alike. Whether you're an inventor, designer, writer or programmer, you need to understand the language of intellectual property law to intelligently deal with such issues as:

who owns creative works or valuable information
how these owners can protect and enforce their ownership rights

how disputes between intellectual-property owners can be resolved

how ownership rights can best be transferred to others

and many more

With this essential guide, you will:

get clear overviews of relevant laws

understand the different kinds of protection offered by patents, copyrights, trademarks and trade secrets -- and which apply to your work

get a plain-English definition of every term you're likely to come across

find the information you need, quickly and easily -- all entries are organized by topic and extensively cross-referenced

The 9th edition is completely updated to provide the latest law and court decisions, new definitions and additional resources. It also covers new topics such as "patent trolls" and the Supreme Court's decision in KSR v. Teleflex.

In simple terms, intellectual property is a product of the human intellect that has commercial value. Intellectual property encompasses a wide range of creations -- from fiction, poetry, songs, designs and artwork to ads, product names, mechanical inventions, processes, chemical formulas, machines and software.

The commercial value of intellectual property comes from the ability of its owner to control its use. If the owner could not legally require payment in exchange for use, ownership of the intellectual property would have intellectual worth but no commercial value.

EXAMPLE 1: Jayna writes a novel about romance in cyberspace. As the author/owner, she has the legal right to prevent others from reprinting the book, making a movie or creating a television miniseries based on the novel. It is this right that can produce revenue for Jayna: she can sell publishing rights to a publisher, movie rights to a movie producer and television rights to a network in exchange for royalties based on book, movie and TV proceeds.

EXAMPLE 2: Todd invents a process for inserting modified genes into cancer cells. He applies for and receives a patent, a monopoly awarded by the federal government that allows Todd to require anyone who wants to use the process to pay him a negotiated license fee. If no one wants to use the process, Todd won't make any money (unless he uses it in his own gene therapy clinic).

A. How Intellectual Property Law Works

Intellectual property law is an umbrella term for all the statutes, government regulations and court decisions that together determine who owns intellectual property and what rights go along with that ownership. In addition, intellectual property law specifies:

the conditions under which intellectual property rights may be sold or loaned (licensed) to others for specific purposes
how to settle contract disputes that arise from marketing intellectual property, and
how to take advantage of government procedures and programs that establish or enhance protection of intellectual property rights.

Intellectual property law primarily offers protection to the owner of intellectual property by giving the owner the right to file a lawsuit asking a court to enforce whatever rights are being transgressed. As a result, some experts describe intellectual property laws as "affirmative rights" rather than as "protection." Noted patent attorney and author David Pressman suggests thinking of intellectual property laws as tools that can be used when needed, but not as any kind of defensive shield. In other words, intellectual property laws won't prevent someone from stepping on the owner's rights. But the laws do give an owner the ammunition to take a trespasser to court. For example, upon request of the copyright owner, a court will halt unauthorized copying of material protected by the copyright. But if the copyright owner does not sue the copier, no action will be taken and the copier will get away with this illegal behavior.

1. Types of intellectual property laws Intellectual property law consists of several discrete legal categories. Although these categories can overlap with respect to a particular intellectual property, they each have their own characteristics and terminology.

Trade secret law affords the owner of commercial information that provides a competitive edge the right to keep others from using such information if the information was improperly disclosed to or acquired by a competitor and the owner of the information took reasonable precautions to keep it secret.

 

The most concise and comprehensive explanations of intellectual property law available!

Introduction

How Intellectual Property Law Works
Determining What Rights Apply to Your Work
Intellectual Property Laws Chart
Self-Help Intellectual Property Resources From Nolo
Your Legal Companion

Part 1: Patent Law

Overview
Definitions
Forms
Statutes

Part 2: Copyright Law

Overview
Definitions
Forms
Statutes

Part 3: Trademark Law

Overview
Definitions
Forms
Statutes

Part 4: Trade Secret Law

Overview
Definitions
Forms
Statutes

Index

"A clear overview of patent, copyright, trademark and trade secret law, with plain-English definitions of legal terms. You will also find the full text of important statutes."

 

"A reliable, easily comprehended introduction to intellectual property law."

 

"Nolo is recognized for its attention to legal accuracy and clarity, and in [Patent, Copyright & Trademark]... the reputation is deserved."

 

Mr. Stim specializes in small business, copyright, patents, and trademark issues at Nolo. He practices law in San Francisco and has represented photographers, software developers, crafts people, publishers, musicians, and toy designers. He is the author of many books, including Whoops I'm in Business, Music Law, and Profit from Your Idea. In his free time he watches too many movies, produces audiobooks, and performs and records with two bands, MX-80 and angel corpus christi.

 

Patent, Copyright & Trademark by Richard Stim
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