Intellectual property (IP) refers to the unique creations of one’s mind, including images and names used in commerce, designs, artistic and literary works, and inventions. Such property is protected by law.
There are six main types of intellectual property:
- Copyright
- Patents
- Trademarks
- Industrial Designs
- Geographical indications
- Trade secrets
Who is an IP Lawyer?
An IP lawyer handles legal disputes encompassing property rights specific to the type of IP asset. In most cases, this involves the unpermitted use of IP or infringement.
Almost everyone may have reasons to contract the services of an IP attorney at some point in their lives. However, inventors and businesses are relatively more likely to seek legal services.
IP lawyers can attend to diverse problems owing to the broad nature of IP law. They may help protect IP or even assist victims of false advertising and unfair competition in seeking compensation.
What is IP Law?
In the United States, IP law is split into specific branches, including:
- Patents: The government issues patents to protect the creators of IP, such as inventions. A patent usually lasts for just about two decades.
- Copyrights: The government also protects the ownership of copyrightable items, such as music and theater productions. Copyright lasts for up to 70 years after the creator’s death.
- Trademarks: The government also protects the use of registered phrases, images, and other symbols to distinguish a business from its goods or services.
- Trade secrets: While the government does not register trade secrets, they are protected as private IPs. Businesses are also expected to maintain confidentiality to protect these types of IP.
- Licensing: IP laws allow organizations to monetize their IP by licensing use by other parties.
- Unfair competition: IP laws also protect businesses from abusive and unethical practices by their competitors.
IP law is important since it recognizes and protects the misuse or abuse of intangible property. Businesses and individuals benefit from their novel ideas, products, or services.
IP law also protects consumers from false advertisements and businesses from unfair competition. These benefits help sustain good interactions within markets.
The Role of IP Lawyers
IP lawyers handle highly specific cases based on the main branches of IP law. They also represent their clients in IP disputes that result in federal charges.
Regardless of the type of case, the key IP lawyer services include:
- Litigation
- Monitoring IP
- IP investigation
- Application and registration of IP
- Subject matter guidance
Selecting a Suitable IP Lawyer
Based on the complexity of IP law, it is imperative that you find a suitable attorney for your case. Here are a few helpful tips:
- Identify an attorney’s relevant qualifications and specializations based on their websites
- Be careful not to contract an agent rather than a lawyer when you need to pursue litigation
- Find many potential candidates and pick a suitable candidate amongst them
- Ask the right questions related to your case during meetings with your selected attorney
Insider’s Thoughts
IP law is quite complex for someone with little experience in the field. Therefore, seek legal help in all phases of your IP journey, from when you first need to register.
“We advise our clients on IP protections they should seek and then assist with applications for trademarks, copyrights, and patents,” said Lorri Lomnitzer of The Lomnitzer Law Firm. “Once IP assets are secured, we can aggressively prosecute against infringers and defend our clients if they are accused of infringement.”
Finding a competent lawyer to start your intellectual property case on the right track is essential. Use the tips above to identify good IP lawyers near you.
Source: Lomnitzer Law Boca Raton, Florida
