Today’s Definition of Intellectual Property Rights

When you think about intellectual property, “think” is the most descriptive term that suits what it means.
That’s right, when you think something and it is created, it is
referred to as intellectual property – a creation of the mind. This
would apply to inventions, images, symbols, designs, artistic works,
literary works and even names used commercially; say for instance Nike
Air Jordan shoes. What kid doesn’t want a pair of those?

To put this another way, think about protecting those conceptions of
the mind and you are on the right track if you realize that those mind
creations are actually property. Thus intellectual property rights are
granted for handiworks of the mind. Those creations “belong” to someone
and should not be infringed upon. Aside from the fact that the ideas
and works should not be stolen, there is an underlying principle that
recognizes people who create ought to be rewarded for their
innovations, often financially, so they keep on creating.

Without confusing the issue too much, there are two types of
intellectual property: copyright and industrial property. Industrial
property lays claim to patents, industrial designs and trademarks.
Trademarks are used to differentiate one product from another and that
usually means using things like sounds, smells, signs, shapes, symbols,
colors and brands.

Patents give the inventor a window of opportunity to stop others
from creating, using or selling their inventions or creations without
being authorized. On the other side of the coin, copyright applies to
artwork like sketches, photos, sculptures and paintings, and literary
works such as films, plays, books and poems. There are other areas
covered as well, but for a full discussion of this area of law, it’s
best to speak with a Sacramento business lawyer
who has expertise in this area, as it’s a complex domain and sometimes
understanding what is protected and why is a bit difficult to grasp.

Copyrights give authors the exclusive right to their works, but for
a defined period of time. Again, discuss this with a Sacramento
business lawyer who will also explain that copyrights must be renewed
if the original creator wants the chance to promote their creation and
derive financial benefit from it.
If you feel that your intellectual property rights have been violated,
discuss your potential case with a Sacramento business lawyer to
determine if you indeed have a case. Intellectual property rights cases
tend to be complex and lengthy, but that is not to say they are cases
that can’t be won.

Deborah Barron is a Sacramento business lawyer, Sacramento employment lawyer, and Sacramento winery lawyer in California. To learn more, visit Lawbarron.com.