Introduction to Intellectual Property 

Mar 28, 2017

One of the things I love about my job is the opportunity to meet people from many backgrounds and help them understand better their creative assets. Back in early March, I had the opportunity to talk at a co-working space in Phoenix called Co-Hoots. The audience was an enthusiastic group of entrepreneurs. My presentation was centered on the basics of Intellectual Property. I used Facebook live to record it and broadcast it. This is the link here so you can check it out. 

Below are the key points in the presentation:

Intellectual Property relates to creations that come from the mind. It is property, like a car, a watch, a house, or a business and you can transact with them like you do with any other property.

Trademarks: In short, a trademark is an identifier of a product or service. Can be a name, a phrase, a slogan, a logo, a graphic, a jingle, and even a smell. In general any sensorial stimuli. Registration with federal jurisdictions provide extra protections but it is not mandatory. To register a trademark it must be available (not taken), not similar to another mark, not generic, and not descriptive of product or service.

CopyrightsIf a trademark is the identifier, copyrights are the whole content. Can be the whole book, movie, concert, song, CD, album, photo(s), etc. Similar to trademarks you do not have to register to earn rights, but registration provides extra benefits.

Trade secrets: As the name indicates, it is an asset that you must keep secret and have the proper protocol to keep it from prying eyes. Think of Coca Cola formula.

​Patents: This is a grant from the government that allows you to stop others from using your invention. Must be for an invention of a product (or even service). Think of a new machine, a new tool. Must be new (nowhere else in the world should it exist) and non-obvious.

Personal likeness: Personal likeness, name, attributes can be protected under some of the doctrines from above. Many countries provide specific protections. It usually falls in the area of torts or even criminal law.

Click here to watch the video. Hope you enjoy it!

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