Tuesday, December 14, 2010

Rule of Law

It seems the best way to protect yourself from someone stealing your intellectual property is through patents, copyrights and trademarks. ''Patent law can intersect with copyright and trademark law in the case of certain products." Patent, Copyright & Trademark. Nolo 11th Ed. p7).  " Intellectual property laws don't prevent someone from stepping on the owners rights, but the laws do give the owner ammunition to take the trespasser to court" (Patent, Copyright & Trademark. Nolo 11th Ed. p5). As I found out in this class, the prospect of taking someone to court can be very costly and time consuming. Most times it may not be even worth it to do so. “Intellectual property rights are often divided between functional elements (protected by utility patents and trade secrets) and nonfunctional elements (protected by trademarks, copyrights, and design patents)” (Patent, Copyright & Trademark. Nolo 11th Ed. p8).

In order to protect myself it  is very important to keep copies of all of my designs and place dates on them. According to the book '' A creative work is protected by copyright the moment the work assumes a tangible form" (Patent, Copyright & Trademark. Nolo 11th Ed. p196). In order to keep my designs "exclusive", this is essential because as a designer this will be how I make money. '' In the event someone infringes the exclusive rights of a copyright owner, the owner is entitled to sue in federal court"(Patent, Copyright & Trademark. Nolo 11th Ed. p199). This is also called an '' infringement action- A law suit brought against someone who uses a copyrighted expression without permission" (Patent, Copyright & Trademark. Nolo 11th Ed. p269).

Ultimately it is my responsibility to control my intellectual property. 

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