This course will provide you with basic knowledge of legal devices available to protect your product. Ideas or inventions that can be protected are often referred to as intellectual property, because the product is the result of the creator's intellect. The advantage to registering and protecting your intellectual property is that you may receive recognition for your work, as well as exclusive rights to make and sell the product or receive royalties or license fees from others who are authorized to use it. Depending on the type of product involved, you would apply for a patent, a copyright or a trademark. Each involves a different application process, and the cost and the terms and conditions of protection vary for each.

A PATENT is a legally enforceable right to exclude others from using an invention for 20 years. The U.S. Patent and Trademark Office (PTO) issues a patent to its inventor. The patent is generally valid from the date that the application was filed. U.S. patents are effective only within the U.S. and its territories and possessions. For a more in-depth discussion of patents, see the "Patent Law" module.

A COPYRIGHT protects the rights of authors of original works. This includes literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. The owner of the copyright receives the exclusive right to reproduce the copyrighted work, to prepare derivative works, to distribute copies or recordings of the work, to perform the work publicly, and to publicly display the work.

A TRADEMARK is a word, phrase, symbol or design that distinguishes the source of the goods of one party from those of others. A SERVICE MARK is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product. Examples of trademarks and service marks are the Exxon gasoline sign, the roar of the MGM lion in films, the Nike swoosh, and the computer software Windows.

A TRADE SECRET, which is secret information that has commercial value, may also be entitled to protection. The concept comes from common law and concerns information from which its owner, usually a business, benefits. This information is generally not known to the owner's competitors or to the world at large. When the owner discloses this information to third parties, it does so with the understanding that the information will remain confidential.

The INTERNET has given rise to a new area of legal activity, and court decisions in the past few years have led to the filing of numerous applications to protect e-commerce- related patents, copyrights and trademarks.

Intellectual property protection through patents, trademarks and copyrights is specific to the nation in which the application is filed. Filing in the U.S. does not provide INTERNATIONAL PROTECTION. Other countries have different rules concerning what can be protected, for how long and by whom. This module will provide a brief overview of the rules in this area.

Protecting intellectual property may sometimes be just a first step. If you believe that some person or company has infringed your patent or violated your copyright, for example, you might have to take legal action. Protection against a violation is neither self-enforcing nor undertaken by the government directly. The person whose property right has been violated must take appropriate action to obtain redress.

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