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Read about IP Basics here: https://patentbusinesslawyer.com/basics-of-intellectual-property-rights/
Career in IP Law: https://rahuldev.substack.com/p/career-in-ip-law-introduction
Intellectual Property lawyers or IP Attorneys assist clients in protecting intangible assets by patents or trademarks. Depending upon the types of assets, the protection under law is governed through patents, trademarks, copyrights, designs or trade secrets.
IP Case Study
One interesting case study to understand intellectual property in its simplest form is to consider our shoe buying experience. To buy a new pair of shoes, a consumer decides to go for a particular brand like Nike. Brands attract their consumers through names (Nike), logo or tagline (Just do it). These marketing related aspects of a business are protected by way of trademarks. An example of NIKE trademark can be seen here, which has been filed in class 25 to cover goods including, clothing, boots, shoes and slippers.
At the time of selecting a product to buy from a particular brand, another important deciding factor is the visual appeal. Consumers are inclined to select a product based on its outer looks. Without touching or trying a NIKE shoe, the consumers interact with another intellectual property associated with the products, which is known as aesthetics or design. These looks are protected under the design law. An example of Nike design registration can be seen here. In some jurisdictions including the USA, Designs are registered as design patents under the patent law, whereas in jurisdictions like India, designs are registered as industrial designs under the Designs Act.
The consumers compare the product benefits before taking the purchase decision. For buying a Nike shoe, the benefits can include comfortable sole, better air flow, better cushioning, and the like. Such utility features that provide novel and unique benefits to the consumers are protected by way of patents. An example of Nike patent can be seen here.
Intellectual property rights are mostly created by organizations or individual inventors. The organizations include companies, universities, startups and small enterprises. Another category of stakeholders include research organizations like public and private research labs that carry out research activities. Collectively, all stakeholders generate intellectual property assets in various forms, which require the appropriate protection under various laws.
Protection of Innovation
Innovative products and services are protected by intellectual property rights governed by various different laws. However, every invention begins with an idea. According to the law, an idea cannot be patented in its abstract form. The law clearly states that the idea needs to be put forward in the form of an invention that can be implemented to obtain a patent.