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50 Alb. L. Rev. 405 (1985-1986)
A Primer on Intellectual Property Rights: The Basics of Patents, Trademarks, Copyrights, Trade Secrets and Related Rights

handle is hein.journals/albany50 and id is 425 raw text is: A PRIMER ON INTELLECTUAL PROPERTY RIGHTS: THE BASICS OF PATENTS, TRADEMARKS, COPYRIGHTS, TRADE SECRETS AND RELATED RIGHTS' Gary M. Ropski* Michael J. Kline** INTRODUCTION Anyone who has previously dealt with intellectual property rights has probably heard many inaccurate statements regarding these rights although at the time he or she may not have realized their inaccuracy. Colleagues may have asked Why don't we patent that idea? or How about copyrighting that name? or We should get that in- vention trademarked sometime, don't you agree? The purpose of this presentation is to clarify the basic concepts involving intellectual property rights in order to provide the reader with the rudimentary knowledge required to differentiate those rights and avoid common pitfalls and misconceptions such as those just discussed.2 The four major areas of intellectual property discussed include: patents, trademarks, copyrights and trade secrets/know-how. Some miscellaneous rights discussed include Semiconductor Chip Protection Law, the right of publicity and the pending Industrial Design Pro- tection Act. Beyond the scope of this presentation are enforcement, licensing, and problems in relation to obtaining, maintaining and enforcing intellectual property rights. Instead an overview of the four areas of intellectual property is provided with an emphasis on the rights associated with each area. These rights are discussed in terms of five inquiries: what is protected; what are the standards for pro- tection; what is the scope of rights that can be obtained; who will grant the right; and what are the terms of the rights that are available. A few misconceptions that can be corrected will briefly be covered with respect to these areas. * Partner, Willian Brinks Olds Hofer Gilson & Lione Ltd., Chicago, IL. B.S., 1972, Carnegie- Mellon University; J.D., cum laude, 1976, Northwestern University School of Law. ** Associate, Willian Brinks Olds Hofer Gilson & Lione Ltd., Chicago, IL. B.S., 1980, Pennsylvania State University; J.D., cum laude, 1985, University of Pittsburgh. 'Copyright 1986, Gary M. Ropski and Michael J. Kline. 2 It is therefore not the intention of the authors that this treatment of intellectual property rights be viewed as a comprehensive or exhaustive work in this highly complex area of law.

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