Friday, March 7, 2014

Misconceptions About Intellectual Property

By Maryl Joop


Television and the media have a way of skewing the public perception of the law and how it works. Crime dramas and the like will make slight alterations so that the law can fit within the confines of their story, when really, the outcome depicted is the exception instead of the rule.

This type of law covers four primary areas of expertise, each with their own statutes and regulations that govern them. The four types of intellectual property law are, patent law, trademark law, copyright law, and trade secret law. There are several common misconceptions that apply to one or all of these, which I will outline below.

In the age of the internet and social media, image and content sharing has exploded. It is important to remember that just because an image is online and can be googled does not mean that it is public domain or free to use. Specifically images like logos and other branded items are restricted and can only be used or distributed by the owner of the copyright.

In our country a person can choose to sue anyone at any time for pretty much anything. That being said, when it comes to liabilities regarding personal injury, it is not likely that you will be held responsible for the carelessness of another person, though it is always better to be safe than sorry. Work to make sure that you can never be blamed for negligence.

Well, yes, but only if you take care to protect your business and your property. It is a good idea, when dealing with an independent contractor, to make sure that you draft the appropriate non-disclosure agreements and privacy contracts that keep your property safe.

In addition to showing up on time or early, it is also very important that people going into a courtroom in Utah are appropriately dressed for the occasion. The courtroom is a place of professionalism and seriousness and the chosen wardrobe of an individual should reflect their surroundings; not to mention that the court will likely think higher of the individual who appears before the court dressed in a professional manor.

Myth # 3: Getting a lawyer is too expensive and should only be used as a last resort. While a good lawyer may cost a pretty penny, he'll also be worth every single cent. Your need for a lawyer shouldn't begin when you need one. If you wait that long, there is a good chance that you've already lost your case.

Do you research and find a reputable attorney in your area and take some time to sit down with them and discuss how intellectual property law applies to your goods, services, and your company. If you are looking for an intellectual property lawyer in Utah, Kirton McConkie can help. Call us, visit our website, or stop by our offices today to set up an appointment. We are happy to answer your questions and help you defend your creative property.




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