Ways Used to Determine Intellectual Property Disputes in the United States - Essay Example

Intellectual property refers to intangible assets arising out of one’s creativity. These assets could take the form of innovations, literature, artistic work, names, symbols and images, and so on. Intellectual property is classified into several areas namely industrial creations, trademarks, patents, copyright, and in some cases, trade secrets. Rights to intellectual property are no less different from other property rights. Intellectual property owners or creators enjoy exclusive rights granted to them under intellectual property law.

These rights advocate for owners to enjoy the protection of material and moral interests arising from the creation of any literary, artistic, or scientific production. It is imperative to define intellectual property classes to facilitate better comprehension of this topic. A patent under in tell the actual property is a right enjoyed by the patent owner as a result of creating a unique way of carrying out a process or as a result of inventing a product. A trademark is a unique sign mark identified with specific products or services similar to those offered or produced by a specific organization or person.

Then there are industrial designs, which to designs that amplify the marketability of a product in addition to increasing its value, in essence, refer to a product’s selling point, that quality that is appealing and creative to the consumer. Trade secrets are defined as those skills, technological or otherwise, methods, production processes, and so on that an organization owns and that it can never reveal to other organizations, information relating to these secrets is confidential and only restricted to the organization.

The body of laws that offers creators including artists, authors, and so on is known as copyright. Copyright is also known as the works. Grants protection to artists, authors, and creators in the following areas: novels, plays, poems, computer programs, databases, musical compositions, newspapers, drawings, paintings, choreography, and so on. There are four key ways to protect intellectual property in the United States, this includes, patents, trademarks, copyrights, and trade secrets.

There are a numb several that can be applied in resolving intellectual property disputes. Each dispute takes a unique approach (World Intellectual Property Organisation 2-14). The ai. This paper amok at ways that can be used to determine intellectual property disputes in the United States. Before obtaining this, the wallpaper will first discuss what intellectual property law in the United States says regarding each of these four approaches. i. Patents The most common Intellectual Property right in the United States is the patent.

Globally, virtually every country is working on some form of patent system. The patent system in the United States is based on the constitutional assumption that protection by the government over invention is a move aimed at encouraging more invention. The patent system in the United States is structured in such a manner that owners have the benefit of enjoying economic gains that arise as a result of their inventions to the maximum. Therefore patent owners, if they so wish, can prohibit others from selling, applying, or manufacturing patented products or processes for seventeen years.

This right gives the patented property’s owner the privilege to gain from their innovation through exploitation, without the need of having to compete with those who never contributed anything towards that particular invention. (Altvater and Prunskienė 2; Clifford).