Understanding Your Intellectual Property Rights in New York
With competition stiffening, startups and established businesses alike are increasingly focusing on the protection of their intellectual property3 min read
With competition stiffening, startups and established businesses alike are increasingly focusing on the protection of their intellectual property. Developing a strategy that safeguards and preserves your company’s intangible assets is essential for any business in New York. Taking the time to understand US intellectual property laws and how they apply to your business can save you a lot of time and money in the long run.
In this article, we will review the basics of intellectual property law and the steps to protect yourself as a business owner in the state of New York. We will elaborate on the three components of intellectual property (copyright, trademark, and patent law) and present some best practices for managing and protecting your assets. Finally, we will provide an overview of some of the services that a New York intellectual property lawyer can provide.
What is Intellectual Property Law?
Intellectual property law protects creations of the human mind from being misused or exploited to gain an unfair advantage. Intellectual property law is a combination of copyright, trademark, and patent law. These three distinct bodies of law exist to protect the tangible products of human intellect and ingenuity, including inventions, artistic works, authorship, industrial designs, symbols, phrases, and logos. These laws are relevant to any businesses operating in New York and, for this reason, it’s often prudent to seek the assistance of an experienced intellectual property lawyer.
Copyright Law
Copyright law is a set of rules designed to protect the original expression of creative ideas that eliminates the need for complex registration procedures. Copyright law applies to original works of authorship, including literature, music, art, and other creative works. In the United States, a copyright lasts for the life of the author plus 70 years. Copyright protection is automatic for the author as soon as he or she creates the work.
Trademark Law
Trademark law protects the symbols, phrases, and logos that are used to identify and distinguish the products and services of a business from its competitors. A distinctive trademark provides the business with an exclusive right to use it in commerce and, in some cases, provides a barrier to entry for competitors. The maximum term of trademark registration is 10 years, with the option of renewal every 10 years.
Patent Law
Patent law protects newly invented devices, machines, and processes from being imitated or appropriated without the consent of the patent holder. In the US, a patent lasts for 20 years from the filing date. Patents are particularly important for businesses, as they protect a company’s competitive edge by providing the inventor with exclusive control over the invention’s production and distribution in the marketplace.
Protecting Intellectual Property in New York
When it comes to protecting your intellectual property, there are several strategies to consider. It’s always a good idea to set up an intellectual property portfolio and registration process that covers the different components of your business. For example, you may wish to patent any newly developed products or processes, register your trademarked logo, and register your website domain name. It’s also important to be vigilant in monitoring competitors and policing any misuse of your intellectual property by third parties.
Services a New York Intellectual Property Lawyer Can Provide
If you’re operating a business in New York, it’s a good idea to hire a lawyer who specializes in intellectual property law. An experienced New York intellectual property lawyer can advise you on the best strategies for protecting your assets and help ensure that all necessary steps and documentation are in place. Additionally, a legal counsel can help you address any issues that arise in the course of protecting your intellectual property rights.
The attorneys at UpCounsel have an average of 14 years of experience and specialize in a variety of fields, including intellectual property law. They will work with you to develop a strategy that protects your business and ensure that any legal documents are in compliance with state and federal law. In addition, UpCounsel’s attorneys provide guidance about the latest developments in intellectual property law, allowing you to make informed decisions and stay ahead of the competition.
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