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What Constitutes Intellectual Property?

Buying a new microwave oven or a wheelbarrow makes you the owner, and anyone who takes something that belongs to you without permission is probably stealing. But your ideas are also your property, and anything you make with your creative talents belongs solely to you. Intellectual property laws protect you against the theft of your original inventions. While this area of law can be difficult to understand, we have put together this easy-to-follow intellectual property law guide about what you need to know.What Constitutes Intellectual Property

When someone claims ownership of something that you created with your mind, you have a right to object. The attorneys at Lucé Law, PC focus on helping you exercise your rights to your intellectual property.

How Is Intellectual Property Created?

To be considered intellectual property, the work has to be an original idea. It cannot be just a slightly modified variation of another idea. Creativity is a special talent that helps make you who you are. Not everyone can write a poem or song, design a logo or computer game, invent a new tool or develop an innovation for an electrical device.

Business law gives you the right to protect the ownership of your innovative designs and concepts. When you studied math in school, you may remember that your teacher wanted to see how you arrived at an answer to a problem. Having the correct answer was important, but it was not as important as showing your work. Someone who simply takes your ideas cannot show how they were developed, and claiming the end result of your work does not give another person the right to own it.

Who Owns the Intellectual Property?

The person who owns the copyright, trademark, or patent owns the intellectual property. The owner can transfer or sell the intellectual property with the proper forms.

Exclusive Licenses

An exclusive license is permission by the intellectual property owner to use their idea, product or work for a limited purpose. The owner still maintains all rights but gives limited authorization for use to a third party. In making a film for example, when the production company would like to use a particular song in a scene, the song’s creator may (or may not) give them a license to use it.

“Fair Use” Doctrine

The “fair use” doctrine is a very common defense to a copyright violation. 17 U.S.C. §107. This doctrine allows an individual to use copyrighted material without permission from the copyright owner for news reporting, criticism, comment, teaching and research. While it is indeed a defense, if litigation is pursued the violator has the burden to prove that this is “fair use” and not a copyright violation.

How to Protect Intellectual Property

Intellectual property laws covering ownership rights, copyright, trademarks and patents are quite complex. When the creator of a new idea or invention brings their work to fruition, it’s important for them to be protected adequately.

When you seek to safeguard any type of intellectual property you must address the requirements properly. These will vary depending on the type of protection you are requesting. The attorneys at Lucé Law, PC have the legal knowledge and skill to help you protect your rights, whether registering a copyright, a trademark or a patent.

Intellectual Property Attorneys in McKinney

Your intellectual invention is protected when you take legal steps as recommended by a McKinney attorney. Establishing the rights to your intellectual property can be a complicated matter – one that your attorney will lead you through. To protect your idea or product it’s important to initiate this process as soon as possible. You can talk to an intellectual property lawyer for free at Lucé Law, PC. Call (972) 632-1300 today or contact us online to set an appointment to start protecting your valuable ideas.

Legal Practice Areas

Joe Lucé represents individuals dealing with the repercussions of personal injuries, auto accidents, slip and fall injuries and wrongful death.
Personal Injury

Personal Injury

Our experience dealing with personal injury claims means we know how to get results.

wrongful Death attorney

Wrongful Death

The loss of a loved one is compounded when it’s the result of wrongful death.

Slip and Fall Injuries

Slip and Fall Injuries

Slip and fall accidents occur regularly in commercial buildings, workplaces, stores and malls.

Auto Accidents

Auto Accidents

Auto accidents are frequently preventable, with distracted drivers, vehicle malfunctions and other conditions to blame.