This document discusses and compares different forms of intellectual property protection including trademarks, copyrights, patents, and trade secrets. Trademarks protect consumer recognition and goodwill through distinctive words, symbols, or designs used in commerce. Copyright protects original artistic and literary works. Patents protect novel inventions for a limited time period. Trade secrets protect confidential business information if maintained as secret and providing competitive advantage. Each form of protection prohibits different conduct and has different requirements, term lengths, and available remedies.

1. Global Business Environment in the
Technology Era
December 11, 2014
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2. Intellectual Property
 Trademarks
 Copyright
 Patents
 Trade Secrets
 Comparison
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3. Trademarks
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4. Trademarks
 A trademark is any word, symbol, device or combination of words
and symbols used to indicate source or origin of products or
services. The raison d’ etre of trademark law is to prevent
customer confusion. Famous trademarks are protected even
when customers are likely to be confused, under the “dilution”
theory.
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5. Trademarks (continued)
 Trademark rights accrue to the first user of a trademark
 Federal registration is advisable but common law rights based on
use in commerce can be acquired
 Unlike patent and copyright, trademark rights exist so long as a
particular trademark continues to be identified with a particular
source.
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6. Copyrights
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7. Copyrights
 Protects “works of art” – includes software, music, architectural
drawings, maps
 Origins in U.S. Constitution
 Limited in time (life of author + 70 years) then enters public
domain
 Copyright Protection exists upon creation
 Registration required prior to filing suit/need registration prior to
infringement to get statutory damages and attorney fees
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8. Patents
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9. Patents
 Protects “novel” inventions
 Different Types:
 Mechanical
 Utility
 Chemical
 Business Method
 Electrical
 Software
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10. Patents (continued)
 Utility patents exist 20 years from filing
 Design patents exist 14 years from issuance
 Design patent protects ornamental designs: P&G bottles, consumer products
 On sale bar – Have to file for patent protection within one year of
first public disclosure of invention
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11. Trade Secrets
 Business information can be protected as a trade secret if (1) it is
used in business; (2) it provides a competitive advantage to its
owner; and (3) it is maintained as a secret.
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12. Comparison
Distinguishing Feature Trade Secret Patent
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(Utility)
Copyright Trademark
Protected Interest Business Information Functional Inventions Expression Embodied In Fixed
Medium
Consumer Recognition &
Related Goodwill
Requirements For Protection Not Known; Valuable;
Maintained As Secret
New, Useful, Nonobvious,
Proper Subject Matter
Originality Use In Commerce
Disclosure Required No Yes Yes Yes
Term of Protection Potentially Indefinite If
Information Remains Secret
20 Years From Application Date Author's Life Plus 70 Years Potentially Indefinite If Mark Is
Used Properly
Conduct Prohibited By
Protection
Misappropriation Making, Using, Selling, Or
Offering To Sell Invention
Copying Or Substantially
Similar Works
Creating A Likelihood Of
Confusion
Independent Development Not Prohibited Prohibited May be prohibited Prohibited
Reverse Engineering Not Prohibited Prohibited Inapplicable Inapplicable
Damages For Infringement Compensatory and Treble
Damages; Attorney Fees
Compensatory and Treble
Damages; Attorney Fees
Compensatory and Statutory
Damages; Attorney Fees
Compensatory and Treble
Damages; Attorney Fees
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13. QUESTIONS:
Twitter: @BGDlegal
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Robert L. Brown
Bingham Greenebaum Doll LLP
3500 National City Tower, 101 S. Fifth St.
Louisville, Kentucky 40202
(502) 587-3716 (direct)
rbrown@bgdlegal.com
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