Intellectual Property Law:

Intellectual property (IP) law deals with things created by the intellect, the human mind. As an area of special expertise it covers patents, copyrights, trade secrets and trademarks, touching also on branding, licensing and unfair competition.

The aim of IP law is protection. Patents protect products and processes that have been either invented or discovered. Copyrights protect original creations, everything from music, books, stage plays and movies to cartography (maps) and computer software. Brand names, corporate logos and other identifying symbols get their protection from trademark law, while confidential business data is under the protection of trade secret law.

Further, licensing law makes it possible for holders of patents, copyrights, etc., to sell, share or otherwise grant use of their creations to others for a negotiated fee or other accommodation. Intellectual property law also deals with piracy, counterfeiting and other unfair competition whereby third parties seek to profit from the work of the legitimate creators.

Overlap and intersections of intellectual property law

The foregoing areas or specialties are, of course, related in myriad ways and frequently overlap. This is why many IP lawyers practice in all of these fields. For instance, inventors of a new genetically modified seed may first protect their creation with trade secret law as they work toward getting it patented. Also, some creations, like computer programs, can fall under several categories, in this case, patents and copyrights.

The IP attorney, more than most other specialized lawyers, needs to combine legal training and skills with in-depth knowledge of the arts, business, technology and science. When an individual or company depends for its livelihood on intellectual property, the attorney must understand not only the law but the nature of inventions, as well as a particular product or process’s place in their client’s business. To maintain their expertise, then, IP attorneys must stay on the leading edge of science, technology and industry, as well as both public and private research and development efforts.

Intellectual property lawyers combine their legal skills with other skills in technology, business, and the arts. Often a company’s lifeblood is its ownership of intellectual property. The lawyer who understands the nature of an invention, as well as how it affects the client’s business, will be best equipped to assist the client in protecting and managing the client’s patent portfolio.

Diverse skill sets of intellectual property lawyers

All IP attorneys must develop experience and expertise in range of activities to be effective in their work. Writing skills are key, as they will draft everything from patent applications to licensing arrangements, as well as all the other usual legal documents like memos, briefs, appeals and contracts. The full range of communication skills is essential, of course, including the obvious one, speaking, and a not-so-obvious one, listening.

As good listeners, IP lawyers become their clients’ counselors and provide important feedback about how and why certain protections should or should not be sought. They also have to explain some complex matters in understandable terms, while also being able to discern when and how their clients’ trademarks, patents or copyrights are being co-opted. They must also be proactively aware of how their own clients’ behavior and actions may infringe on the intellectual property rights of others.

, Intellectual Property Law