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Intellectual Property


Intellectual property is divided into two groups. One group consists of industrial property including trademarks, patents, geographic indications of source and industrial designs. The other group is copyright, which includes artistic and literary work, the rights of performing artists, broadcasters and producers.

Due to the easy access on the internet of blog publishing and file sharing, previous copyright codes may no longer fit the system. Some think downloading files is an infringement of copyright law, and others believe there should be more flexibility on the part of the creator, artist or author to assign the dimensions for the sharing of their work.

For someone who believes they have suffered an infringement on their intellectual property, it is wise to contact a lawyer who specializes in intellectual property lawsuits and has a lot of experience in the field.

Because there are so many different interpretations of the law, a lawyer who has a broad understanding of the field will have the best chance to get a favorable settlement. It is possible to get a settlement loan once litigation has started. This is a cash advance in anticipation of winning the lawsuit or settling out of court.

The main intellectual property litigation procedures are:

  • Markman hearing where a judge examines the evidence
  • Preliminary injunctions
  • Temporary restraining orders
  • Protective orders
  • Product seizures
  • Product surveys
  • Testimony from expert witnesses
  • Economic analyses

It can be considered intellectual property infringement when a person or company violates a person’s exclusive rights to a patent, trademark, copyright or trade secret among other things. The person who has created or invented something has the rights to manufacture a product, use it, sell it or import it.

If anyone else does these things without the owner’s permission, they are open to an intellectual property lawsuit. Students especially need to be careful that they site the source in their paper when they take information from a book or a website.

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