Answering this question can actually be quite tricky. Unlike other areas of law, various parts of intellectual property are regulated over a wide body of legislation from various times and jurisdictions (state, Federal, and International). For example, to prosecute DVD bootleggers in Los Angeles, California, some companies have been known to use California consumer product and shipping label violations rather than federal intellectual property laws.
How a plaintiff ends up pursuing damages for intellectual property depends on a wide consideration of legal strategy, costs, and relevancy to any particular law. For example, the policies of the USPTO (United States Patent & Trademark Office) are based off of laws, regulations, policies, internal procedures, and even guidance from the office itself. Much of the enforceable law that the USPTO follows can be found in the United States Code (including but not limited to, Title 17), and the Code Of Federal Regulations.
Other key laws that affect Intellectual Property lawsuits include:
- Audio Home Recording Act
- Balance Act
- Consumer Broadband and Digital Television Promotion Act
- Copyright Act of 1790
- Copyright Act of 1831
- Copyright Act of 1909
- Copyright Act of 1976
- Copyright Remedy Clarification Act
- Copyright Term Extension Act
- FAIR USE Act
- Fairness in Music Licensing Act of 1998
- Family Entertainment and Copyright Act
- International Copyright Act of 1891
- No Electronic Theft Act
- Online Copyright Infringement Liability Limitation Act
- Printing Act of 1895
- Unlocking Consumer Choice and Wireless Competition Act
- Uruguay Round Agreements Act
- Visual Artists Rights Act
- WUO Copyright and Performances and Phonograms Treaties Implementation Act
- Leahy-Smith America Invents Act
- American Inventors Protection Act
- Copyright Royalty Board Digital Millennium Copyright Act
- Berne Convention Implementation Act of 1988
- Database and Collections of Information Misappropriation Act
- Digital Performance Right in Sound Recordings Act
- Digital Theft Deterrence and Copyright Damages Improvement Act of 1999
Further, the State of California may have its own laws at play. Without even looking at particular acts, there are Intellectual Property regulations that stem from the following:
- California Unemployment Insurance Code
- California Probate Code California Revenue and Taxation Code
- California Penal Code
- California Government Code
- California Labor Code California Code of Civil Procedures
- California Civil Code California Business and Professional Code
- California Commercial Code
- California Evidence Code
- California Corporations Code
- California Education Code
If all of this wasn’t enough to demonstrate that the United States takes Intellectual Property law seriously, even the founding document of our country contained legislation on Copyrights. The original United States Constitution detailed one of the powers of Congressional oversight to include the duty “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”
Lawyers that can bring Intellectual Property actions, and those that defend businesses against Intellectual Property claims, are highly experienced. They should be able to quickly assess what kind of laws and other factors affect a particular claim. A good Intellectual Property defense attorney will not only be able to determine which laws are relevant, but also weigh the claim against the business goals of the organization.
Legal strategy is not always simply a question of how to fight it, but how to negotiate settlements as well. Many startups and organizations that might be struggling with resources might be very tempted to skip spending money on a lawyer familiar with intellectual property, especially because the lawyer might recommend restricting certain key business activities. However, if there is money at stake and if a business violates another entity’s intellectual property, the costs of answering or defending a claim will most assuredly be more than the cost of good counsel. From simple use of media on advertising materials to adoption of core product offerings, it is best to speak with a knowledgeable business law firm about your intellectual property concerns.