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Intellectual Property

As you may expect, you are legally entitled to ownership rights over any "creation of the mind" that you generate. Under intellectual property law, you are granted sole possession rights for a certain, predefined period of time. Depending on the type of intellectual property in question, this length of time may vary.

There are three main types of protection you can obtain for your property: patents, copyrights, and trademarks. A fourth type of intellectual property, known as a trade secret, is not granted security by law but rather is kept undisclosed by the owner through his or her own means.

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Patents

A patent is a governmental-granted form of legal protection for anything that you invent. The range of Inventions that are covered by patent law, however, is very vague. In general, an invention is defined as "anything that provides new solutions to technical problems." This may include processes or physical entities.

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Before the government gives you patent rights to your invention, you must first provide several claims indicating that your creation is both new and useful. Once you have done so, you will be given exclusive ownership rights that will be in effect for, on average, 20 years. Once the patent expires, others will be given access to your invention and therefore gain the opportunity to develop it further.

Non-competition agreements provide an entirely different type of protection for your business. These written documents prevent a former employee from going into business or working for a competitor and then using the experience he has gained under your guidance against you.

In order to be enforceable, Georgia law requires that the agreement be reasonable in three respects: 1) scope, 2) location and 3) duration. Scope refers to the industry or type of work that is prohibited. Location refers to the geographic area that is prohibited. Finally, duration or length of agreement is crucial.

Trademarks

Trademarks are signs, symbols, designs, mottos, logos, or slogans that distinguish a company or business entity. These telltale marks allow consumers to immediately determine who is marketing a certain product. Trademarks can be established either through formal registration or through simple use of the sign in the public marketplace. However, to gain full protection of the trademark, one should register it with the trademarks office.

You can renew the protection period of your trademark once it expires. This allows you to have indefinite protection of the symbol or saying, if you so choose you can be published without charge. You can to republish this article in your website or blog. Please provide links Active.

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This entry was posted on Wednesday, April 7th, 2010 at 3:23 am and is filed under Miscellaneous. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.

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