ABSTRACT

This chapter provides a primer on copyright, the area of law covering ownership of creative works, and the misuse of such works. It focuses on other ways that specific types of creative works receive legal protection: namely patents, trademarks and trade secrets. Just as individuals and entities can own physical property the law also allows for ownership of concepts and ideas. Because these things are intangible, these types of property are known as “intellectual property (IP).” Patent law protects inventors’ IP rights. To receive a patent, the inventor must invent an item or process that is novel, useful and not obvious from pre-existing patented items. Patents last 20 years and can be obtained by filing an application with the US Patent and Trademark Office. Like infringement of copyrights, patent holders may sue for infringement of their IP. Major international treaties include the World Intellectual Property Organization Copyright Treaty and the Berne Convention for the Protection of Literary and Artistic Works.