Outline• Intellectual property law • Paralegal tasks in1. patent law intellectual property law2. copy right law 1. Patents3. Trade mark law 2. Copy rights4. Trade secret law 3. Trade mark5. The right of 4. Trade secrets publicity 5. Intellectual property audit
Ethical obligations of the paralegal in intellectual property law • Confidentiality • Conflict of interest • Unauthorized practice of law
Any product of the human mind that isprotected under law is calledIntellectual property
Ipr•Patents•Copy rights•Trade marks•Trade secrets•Geographicalindications•Utility model design•Plant breeders rights
Facts of intellectual property rights IPRINDUSTRIAL COPY EMERGING PROPERTY RIGHTS AREAS
PATENTS• The legal right for a limited term to exclude others from using, selling or making an invention or discovery as described in the patent claims
Types of patents Utility patent Design patent Plant patent
Copy right copy right is a right which is available for creating an original literary dramatic, artistic work,writing,computer,programs,movies, dance, paintings, photographs are covered under copy right laws
Trademark• A word ,phrase,letter,number,sound,smell,shape,logo,pacakaging either individually or combination of these identifies identity is called trade mark
• It is used as a product differiation.it. it speaks about the origin of the product• It identify the product & origin• Advertises the product
Trade secret• Any formula,pattern,device or compilation of information1. that provides a business with an opportunity to obtain an advantage over competitors who do not know or use it.2. Is the subject of reasonable efforts to maintain its secrecy.
Right to publicity• Right to publicity is the right to control the commercial exploitation of the person’s name, image or persona.
Intellectual property disciplines What is examples length State or federal protected lwpatent Machines,proc Digital camera, 20 years federal ess,plants,orna chemical mental designs fertilizerscopyright Books,photosh Compact disc, 95 years federal ops,recording,c micro soft omputer windows programs programtrademark Word,symbol,sl Coca cola name For long State and ogan,services federalTrade secret Formula,metho Coca cola For lond State and d,device formula fedral
Intellectual property audit• Intellectual property is an integrated set of disciplines. That is there are may be overlapped between copy right works and trademarks ,patents and trade secrets• ex-Mickey mouse Coca cola
Intellectual property audits occur in three primary contexts…… Plan and manage Due diligence Exposure as a defendant
Ethical obligations of the paralegal in intellectual property law• Confidentiality• Conflict of interest• Unauthorized practice of law