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US IPR Laws |
Intellectual Property Rights (IPR) is generated on creation of original and novel product by the application of intellectual and mental faculty. The system rewards the creator when his work is used commercially.
IPR (Intellectual Property Rights) includes: - Patents, Trade Marks, Service Marks, Copyrights, Designs, Geographical Indications, Trade Secrets etc.
All forms of IPRs have fixed duration except Trade Marks, Geographical Indications and Trade Secrets. IPRs are transferable by assignment, gift, licence etc.
(More http://www.wipo.int/portal/index.html.en )
Patents
Patents grant an inventor the monopoly to exploit his invention for a period of 20 years to the exclusion of others from the date of patent application. An invention or discovery in order to be eligible for patents must be novel, useful and commercially viable.
The Congress introduced US patent laws by virtue of constitutional grant of authority to protect the discoveries of the inventors.
The federal courts have exclusive jurisdiction over legal actions for patent infringement under the federal patent law.
Patent and Trademark Office administers the patent law in US.An examiner reviews each patent application claiming a new invention to decide on the grant of patent. In case the examiner turns down the application for patent, the aggrieved applicant can appeal against the rejection to the Board of Appeals of the Patent Office. There is provision for seeking further review in the US Court of Appeals for the Federal Circuit or in the US District Court for the District of Columbia.
(More http://www.uspto.gov/
http://www.nolo.com/resource.cfm/catID/FD8C060B-5DD4-4809-A53ECCF6BBD87E32/310/ )
Copyright
A copyright gives the author or owner the exclusive right to use the original writings, software, sound recordings, motion pictures, graphic arts, architectural designs etc.
The Congress introduced US Copyright Act by virtue of constitutional grant of authority to protect the original writings and creative works of the authors. According to law irrespective of registration and even without attachment of copyright notice, copyright exists in the original writings and creative works.
Copyright Office of the Library of Congress administers the US Copyright Act, which is a Federal Law.
(More http://www.copyright.gov/ )
Trademarks
While trademarks are distinctive symbols, pictures or words used to distinguish or identify the source of a product, service marks differentiate the services of one service provider from that of another.
In the US trademarks can be protected not only under the concerned Federal Legislation i.e. the Lanham Act but also under the State laws. However, only a trademark registered under the Lanham Act enjoys nationwide protection.
Under the Lanham Act a seller applies to the Patent Office for registration of his trademark. In case the examiner passes the trademark after initial scrutiny, it is published in the official gazette, which is a public notice of the ‘ pending approval’ status of the trademark. In response an objector can oppose the proposed registration of trademark on the ground of similarity with other trademark among others.
(More http://www.law.cornell.edu/uniform/vol7%2ehtml#dectr )
Law against unfair competition
Under the state common law, founded on the law against unfair competition, trademarks enjoy protection within the territory of the concerned state. Towards harmonization of trademarks law across states, most states have adopted the Model Trademark Bill or the Uniform Deceptive Trade Practices Act. While the Model Trademark Bill provides for registration of trademarks, Uniform Deceptive Trade Practices Act does not.
The law of unfair competition also aims to counter practices designed to confuse the customer as to the source of goods. Other instances of unfair trade competition includes unauthorized exploitation of intangible assets not protected by trademarks or copyrights, misleading advertisements, disclosure of trade secrets and confidential information, tall claims regarding products or services and so on.
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