Types
of Intellectual Property
|
Copyright
|
Patent
|
Trademark
|
Trade
Secrecy
|
Other
|
What
is protected
|
“original
works of authorship”(*)
|
products,
processes
|
business
identities
|
business
secrets
|
design
patents, chip masks
|
Symbols
|
©
(p)
|
Patented...
|
™,
SM, ®
|
|
(m)
|
Registration
|
Library
of Congress
|
Patent
Office
|
Patent
Office
|
---
|
|
Tests
|
originality
(implicit)
|
unique,
novel, non-obvious
|
does
not duplicate existing mark
|
|
|
How
obtained
|
Publication
(registration)
|
Examination
by PTO
|
Registration
with PTO, common law
|
create
secret
|
|
Duration
|
Life
+ 70 yrs., 95 yrs. (1998 changes)
|
17
yrs., renewable
|
while
in use
|
while
secret
|
|
Law
of
|
federal,
mostly civil
|
federal,
civil
|
federal,
civil
|
state,
civil & criminal
|
|
2)musical
works
3)dramatic
works
4)pantomimes
and choreographic works
5)pictorial,
graphic, and sculptural works
6)motion
pictures and other audiovisual works
7)sound
recordings.
There
are five specific, separable rights (Section 106):
1)to
reproduce the work in copies or phonorecords
2)to
prepare derivative works
3)to
distribute copies
4)to
perform the work publicly
5)to
display the work publicly.