What Are Intellectual Property Laws?

Copyright is one kind of intellectual property.

Intellectual property laws, sometimes referred to by the abbreviation I.P., are a collection of statutes, case law and treaties that recognize property rights in creative works such as inventions, music, literature and slogans. Intellectual property is the same as any other piece of personal property in that it can be sold, traded and protected by the owner.

Varieties

There are four main kinds of intellectual property laws: patents, copyrights, trade secrets and trademarks. Trademarks are words, phrases, symbols, names or other identifiable marks that serve to distinguish a product, company or service. Copyrights exist in works of authorship or creation such as music, photographs, books, plays and similar creations. Patent laws protect inventors of new products, methods of production, material or other created items and inventions. Trade secrets are secret processes, distribution methods and other confidential information.

Requirements

Intellectual property laws place different requirements on different types of creations, depending on the kind of law applicable. For example, an inventor of a new machine must submit a patent application to the United States Patent and Trademark Office for review and approval before the inventor can claim a patent on the creation. On the other hand, copyright protections vest as soon as the original work of authorship is attached or affixed to a medium, without any application or filing requirement, though additional protections are granted if the owner registers the copyrighted work.

Protections

Intellectual property laws grant property rights to creators or owners of the protected work. For example, a person who writes a play or other work of authorship has the exclusive right to perform, copy, sell and distribute the work. Anyone else who tries to sell the protected work violates the owner's rights and can be held liable for damages and even be subject to criminal punishments.

Origin

Intellectual property laws exist primarily as federal laws. Article I, Section 8 of the United States Constitution grants Congress the power to promote innovation by ensuring creators are granted intellectual property rights. The U.S. Copyright Office is responsible for registering and enforcing copyrights, while the U.S. Patent and Trademark Office is responsible for granting patents and registering trademarks.

References

• StopFakes: Intellectual Property, What is it?
• Cornell University Law School Legal Information Institute: Intellectual Property