USA CODES ON INFRINGEMENT OF INTELLECTUAL PROPERTY LAWS

Intellectual Property laws (hereinafter referred to as IP) enforcement is crucial in protecting intellectual property rights (hereinafter referred to as IPR), of geniuses all around the world. Ensuring the interests of the right holder is vital in supporting innovation and creativity of the same. The integral role of the IP laws is to promote originality and discouraging forgery of any said article. The same is vital for economic advancement. You can access more on understanding Intellectual property at https://laymanlitigation.com/outlining-intellectual-property-right

In this article, we will be discussing more on the governing laws in the United States for IP protection.

“The development and enforcement of IPR make it possible for the United States to continue being one of the most innovative countries in the world. American scientists, engineers, and entrepreneurs invented the microchip, created the Internet, invented the smartphone, started the biotechnology revolution, sent astronauts to the Moon, and saved millions of lives through innovative medicines. America’s creative artists — authors, musicians, film directors and gamers — have captivated the imagination of people all over the world.”[1] “A strong system of IP rights assures inventors, industrial designers, and creative artists that their ideas will be protected. They can receive payment for the use of their creations and continue to invest in future innovations. Also, they are incentivized to make their innovation available to others and share knowledge that enables others to come up with other novel and advanced solutions.”[2]

What does IP law protect?

• Copyrights
• Patents
• Trade secrets
• Trademarks

How can you know whether your intellectual property is protectable?

“Before patenting your property, it’s a good idea to do a thorough search on the USPTO’s website. There you can see whether someone else already has patented it or something sufficiently similar to it. The same exercise works for when you want to patent a trademark, product, or business name.

Keep in mind that confidentiality is crucial. If your invention is publicly disclosed, you have only a year to file a patent with the USPTO.”[3]

Laws:[4]

As reiterated before, the importance of protecting exclusive creations from unnecessary defrauders. Below mentioned are few USA Codes explaining more on IP policy enforcement and how it will be dealt with accordingly based on the federal crime that takes place in regard to counterfeiting and infringement. The same is explained under Chapter 1 of the Codes. Chapter 2 expounds more on Cybersquatting protection:

1. 15 U.S.A Code subchapter i—coordination and strategic planning of federal effort against counterfeiting and infringement,
2. 15 U.S.A Codesubchapter ii—cybersquatting protection,
3. 15 U.S. A Code 8131.cyberpiracy protections for individuals,
4. 15 U.S.A Code § 8111 – intellectual property enforcement coordinator,
5. Section 8114 of the same title.
6. 35 U.S.A Code Section 271 – Infringement of patent states, “whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States or imports into the United States any patented invention during the term of the patent, therefore, infringes the patent.”[5]
7. “The Copyright Act of 1976 and all subsequent amendments to copyright law; the Semiconductor Chip Protection Act of 1984, as amended; and the Vessel Hull Design Protection Act, as amended. The Copyright Office is responsible for registering intellectual property claims under all three.
8. The United States copyright law is contained in chapters 1 through 8 and 10 through 12 of Title 17 of the United States Code. The Copyright Act of 1976, which provides the basic framework for the current copyright law, was enacted on October 19, 1976, as Pub. L. No. 94-553, 90 Stat. 2541. The 1976 Act was a comprehensive revision of the copyright law in Title 17.”[6]

“It is your responsibility to protect your IP, though governmental authorities can help you take steps to prevent and stop any infringements. You should actively monitor the marketplace for any unauthorized use of your IP, and if you think that a person or business has unlawfully used your IP, you should take expert legal advice before contacting an offender or pursuing any sort of litigation. IP law in the USA is complex and should only be used when other enforcement methods have failed to prevent an infringement. If litigation is necessary, then you should use a lawyer who specializes in IP law. Litigation takes place before either civil courts or administrative tribunals. It is also possible to act against foreign offenders either through the Federal court or by initiating investigations before the United States International Trade Commission (USITC). If your copyright or trademark is registered, it can also be recorded with the CBP. The CBP can use enforcement procedures to prevent the entry of goods that infringe your IP rights into the USA. This is a simple and cost-effective measure to protect and enforce your IP rights. [7]

In any case of a dispute regarding intellectual property, will cost tons of money. As such it is important to contact an intellectual property attorney. Layman Litigation works diligently to protect its client from patented intellectual property contravention. Reach out today for an immediate consultation.

[1] https://www.state.gov/intellectual-property-enforcement/

[2] Refer Footnote 1.

[3] https://augustafreepress.com/what-are-some-examples-of-violation-of-intellectual-property/

[4] https://www.law.cornell.edu/uscode/text/15/chapter-107/subchapter-I




[5] https://www.law.cornell.edu/uscode/text/35/271

[6] https://www.copyright.gov/title17/

[7] https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/456368/IP_rights_in_USA.pdf