Understanding Intellectual Property Law

Intellectual law property is concerned with regulations regarding security and enforcement of the legal rights of artistic, design and inventions works. The law not only protects the exclusive control of tangible investments but also the ownership of real and personal property estate. The law aim at providing incentives to people so that they come up with creative work that improve the lives of people. This is achieved by ensuring they benefit from their creative designs without any case of misappropriation of their funds by the officials or any other person handling their money.

Role of the Congress Express In Intellectual Property Cases

The Constitution of The United States authorizes the congress express to give inventors and artists exclusive rights to their works. It also controls foreign business and interstate. Intellectual laws, which are passed by the congress, are administered by both the copyright office and patent of the United States.

The Patent

The US Patent authorizes the inventors to sell and use their products in the market places or benefit by transferring their rights to any interested buyer. The patent rights are valid for more than 20 years, based onthe type of artistic work created. Products that qualify for the patent rights include new machines, manufactured items, general beauty of the products, and advancement in technology. Products, which are obvious in the make, morally offensive to the society or are not useful in any way do not qualify for patent protection.


Copyrights apply to motion pictures, artistic expressions, music, writings, and architecture. Additionally, all theories and ideas captured in a fixed medium benefit from this protection.Works, which are still being created and not yet published, still get copyright protection. Copyright date and symbols are allowed although they are not a requirement. The rights are valid for over 70 years.

Trademark Laws

They protect the slogans, names, and symbols that identify the products. Their aim is to prevent confusion and misleading publicity. They help the customers to differentiate the brands available in the markets.

Protection against Infringement

Infringement is unlawful use of IP. Owners who wish to protect themselves from infringement are advised to inform the audience of the existence of the rights. The notice places owners at better position when prosecuting the offenders. When infringement occurs, the federal court enforces the rights to intellectual property. The owners are advised to consult with experienced lawyers, like Frans Schoeman before filling any suit against infringement to find out if the litigation works in their interest. Frans Schoeman is an intellectual property attorney and the Director of south Africa-based law firm Phatsima. He is equipped with the knowledge and excellent legal skills to offer sound legal council and solutions on intellectual property. His law firm is proudly associated with numerous commercial business with strong client base. Frans Schoeman on youtube has successfully represented multi-million rand cases with arbitration of more than $100 billion. In the event that the lawsuit is successful, the federal court may order an injunction, which means the offender is instructed to stop what they were doing or instructed to pay the inventor substantial compensation.

Understanding Intellectual Property Law

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