Intellectual Property: Patents, Trademarks, Copyrights, & Trade Secrets

When operating your business, you may find
yourself inventing something new, creating a brand for your product or service, creating
media to promote your product or service, or keeping proprietary information that gives
your business a competitive advantage. In other words, you’ll be creating intellectual
property. In this video, I’m going to briefly explain
the different types of intellectual property and introduce ways to protect your intellectual
property. To help illustrate the different types of
intellectual property, I’m going to use the soft drink Coca-Cola as an example. The four types of intellectual property are
patents, trademarks, copyrights, and trade secrets. A patent is an exclusive right to make, use,
sell, or import an invention. In the U.S., patents are issued by the United
States Patent and Trademark Office, and it’s important to know that an inventor does not
have the exclusive right to an invention until a patent is issued by the patent office. Other countries have their own patent application
process, and U.S. patent is not enforceable in international markets. The United States patent office issues three
types of patents: utility patents, design patents, and plant patents. In basic terms, utility patents cover the
function of an invention while design patents cover the appearance of an invention. The Coca-Cola Company has a utility patent
in a process for bottling its drinks. It also has design patents in the designs of some
of its bottles. These patents give the Coca-Cola Company the
exclusive right to use the bottling process and the patented designs of some of its bottles. A trademark is something that is used to identify
the source of a product or service. A trademark can be a name, a logo, a color,
or device used to distinguish the source of a product or service. A trademark does not have to be filed with
the U.S. Patent and Trademark Office. A trademark is created as soon as your business
uses the name, logo, or other device to identify your business as the source of that product
or service. However, there are legal advantages to filing
your trademark in the U.S. Patent and Trademark Office, especially when it comes to enforcing
your trademark and proving your ownership. The Coca-Cola Company has registered trademarks
in the name Coca-Cola and the Coca-Cola logo. This gives the Coca-Cola Company the exclusive
right to use the name and the logo on its products and merchandise. A copyright establishes a persons rights to
an original work of authorship. A copyright is created when the author creates
an original work in a fixed media. Fixed media includes writings, drawings, paintings,
sculptures, photographs, videos, audio recordings, and even electronic media. Works that aren’t in a fixed media aren’t
protected by copyright. These works might include speeches, dances, and even music performances
that haven’t been written down or recorded. The Coca-Cola Company has copyrights in its
advertisements used to promote its products. This means the Coca-Cola Company has the exclusive
right to use the images and sounds in its advertisements. A trade secret is information that is not
generally known or reasonably ascertainable and gives the owner a competitive advantage. In order to create a trade secret, the owner
has the responsibility of keeping that information confidential. Confidentiality is accomplished by using non-disclosure
agreements and implementing policies and practices that restrict access to that confidential
information. While the Texas Civil Practices and Remedies
Code provides legal and equitable remedies for the misappropriation of trade secrets,
if that information is obtained without being misappropriated, then that information is
no longer protected by trade secret law. The Coca-Cola Company has a trade secret in
its formula for Coca-Cola. By protecting this formula and keeping it confidential, the Coca-Cola
Company is preventing other companies from duplicating its product.

5 thoughts on “Intellectual Property: Patents, Trademarks, Copyrights, & Trade Secrets

  1. I just want free copies of books once I've read them, and to be able to record myself with music… new social media tyme?

  2. Im currently fighting against Intellectual Property theft including copyright infringement, plagiarism, id theft, and defamation. Im currently pursuing restitution. I hired myself, not working for ppl and certain folks think I exist for their benefit and soon will find out that I dont. As a man, I chart my course not walking in anyone πŸ‘£ because those are too small for myself.
    Any lawyers Contact: [email protected]
    I have a sturdy handle of my case however I continue to accept advise.

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