Trade Secret Law

Intellectual property is probably best thought of (at least in general terms) as creations of the mind that are given the legal rights often associated with real or personal property. The rights that are given are a function of statutory law (i.e., law created by the legislature) or, in the case of patents and copyrights, originate from the United States Constitution. In some instances, both federal and state laws may govern various aspects of a single type of intellectual property.

The term intellectual property itself is now commonly used to refer to the bundle of rights conferred by each of the following fields of law:

(1) patent law;
(2) copyright law;
(3) trademark and unfair competition law.

Some people confuse these areas of intellectual property law, and although there may be some similarities among these kinds of intellectual property protection, they are different and serve different purposes.

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