IP Law Explained: Definitions, All You Need To Know!

IP (Intellectual Property) law in Florida protects the rights and creations of artists, inventors, and designers. It ensures that the rightful owners of these creations maintain ultimate control over their work.

Furthermore, it ensures that anyone who uses the creations without the owner’s permission can be held liable for violating intellectual property rights. This article explains all you need to know about intellectual property law in the United States and how it works.

Intellectual Property Law: Definition and Types

Under US IP law applicable in Florida, unique conceptions such as inventions, designs, and artworks are legally protected. This law gives developers of these artistic creations the right to protect their work, including limiting access to it. In other words, they can decide who can use their work and to what length.

For example, when artwork is created, the artist holds exclusive rights to the piece as the artist. No one can use the art without our permission; if they do, you can sue them for violating your IP rights. Meanwhile, there are four types of intellectual property law: trade secrets, patent, copyright, and trademark.

Trade Secrets

This protection covers information with economic value, such as specific technical knowledge that offers businesses a significant market advantage. Unlike patent law, which also protects against third-party use, this law only protects against unauthorized usage and disclosure.

Patent Law

Under patent law, the creator of an invention can prevent other parties from selling, making, or even using it. However, for this law to apply, the inventor must register their work with the USPTO (United States Patent and Trademark Office). Patents have expiry dates, although the date depends on the type of patent.

For example, rights provided by utility and plant patents expire after twenty years, while those provided by design patents last only 15 years. Filing a patent can be an uphill task; be sure to seek the help of a patent attorney to help you out.

Copyright Law

Copyright law covers literary and artistic creations, offering protection to creators who register their creations with the United States Copyright Office (USCO). The USCO registers and holds all records of copyrighted works, and the protection applies to original works such as music, books, and dramatic performances.

This law is much longer than the first two; it extends for the work owner’s life and seventy years after death. Once the rights expire, their work is released into the public domain, and anyone and everyone can use it freely. Also, while opting not to register a work for copyright protection is an option, registering it will make, ownership rights official.

Trademark Law

Lastly, trademark law protects designs, symbols, or phrases that define a company’s brand. The US Patent and Trademark Office handles trademark registration. If the office approves the registration, it remains valid for up to ten years, provided the inventor files specific declaration documents.

Conclusion

Although there are general intellectual property laws, each state has what makes its own unique. Meanwhile, while you may have some experience tackling these issues yourself, you have better chances with experienced legal representation.

A lawyer can explain the details of the process, particularly the aspects you need to know, to help you understand. “More than making the IP registration process simpler, a lawyer can also help ensure the enforcement of your intellectual property rights,” says attorney Lorri Lomnitzer of The Lomnitzer Law Firm, P.A.

Read Also:

• What Is the Difference Between Copyright and Moral Rights?
• All You Need To Know About Patent Rights In The US