Intellectual property (IP) rights are granted to individuals or entities for their creations of the mind, such as inventions, artistic works, literary works, symbols, designs, and images used in commerce. These rights allow creators to not only receive recognition or financial rewards for their innovations but also help promote further innovation and creativity. However, there is much more to intellectual property laws in Florida, and in the below guide, we will review what this law covers.
Different Types of Intellectual Property Law
Intellectual property law protects individuals who create artistic works or invent new products. However, while there are four main types of intellectual property rights, including trademarks, copyrights, patents, and trade secrets, intellectual property owners often use more than one of these types to protect their assets.
A copyright provides the creator of the original work, or another owner, the exclusive right to distribute, copy, adapt, display, and perform creative work for a limited time. Works that can be copyrighted include musical and artistic works and literary and dramatic works, including books, music, lyrics, paintings, plays, video games, movies, software, sculptures, and sound recordings.
A patent is a type of intellectual property that safeguards an invention. It gives the inventor exclusive rights to create, use, and sell their invention for a specified period. The United States Patent and Trademark Office (USPTO) is the federal agency responsible for granting patents.
There are three types of patents:
- A utility patent offers protection of the functional aspects of inventions. This includes protection over how, when, and how the invention is used.
- A design patent offers protection over the ornamental features of a device, including protecting its unique appearance and shape.
- A plant patent is applied to protect new types of plants.
A trademark can be any design, symbol, word, phrase, or combination that helps identify services or goods. These marks are basically how a customer recognizes a company and distinguishes it from its competition.
A trademark is often used to identify the source of services or goods, provide legal protection for a brand, and help guard against fraud and counterfeiting.
A Trade Secret
A trade secret is an intellectual property right on confidential details or information that can be licensed or sold. To qualify as a trade secret:
- The information must be commercially valuable
- The information is only known by a limited amount of people and
- The organization must make reasonable efforts to conceal the information from others and the public
Trade secret protection provides owners the right to stop the information within their control from being acquired, disclosed, or used by others without their consent in a way that is contrary to honest commercial practice.
Contact The CYA Law Firm Today and Learn More About Intellectual Property Law
The Florida CYA Law Firm assists companies and their owners with various legal dispute issues. More importantly, we offer clients the experience, knowledge, and skills required to help their businesses thrive, even in uncertain times. For further information about intellectual property law in Florida, contact The CYA Law Firm today to book a consultation with Attorney Adalbert “AL” Martinez.