Quimbee Intellectual Property Litigation CLE Online
If you’re looking for a simple, engaging way to learn about intellectual property litigation and fulfill your continuing legal education (CLE) requirements, look no further than Quimbee CLE online.
All Quimbee CLE online courses are built from the ground up by our world-class team of attorneys and designers. Our goal is to create a product that will not only help you meet your CLE requirements, but will actually be enjoyable. Sign up for a Quimbee CLE course today!
An Overview of Intellectual Property Litigation
Intellectual property (IP) refers to intangible creations owned by individuals or organizations and protected by law. Congress derives its power to regulate intellectual property from Article I, Section 8, Clause 8 of the United States Constitution, which is known as the Copyright Clause or Intellectual Property Clause. Generally, intellectual property is divided into four categories: patent, copyright, trademark, and trade secrets.
Copyright refers to the exclusive right to reproduce a particular work. The U.S. Copyright Act, 17 U.S.C. §§ 101 - 810, is the primary piece of legislation protecting copyright. The Copyright Act covers all works fixed in a “tangible medium of expression.” In Feist Publications v. Rural Telephone Service, 499 U.S. 340 (1991), the Supreme Court stated that a work must have "some minimal degree of creativity” in order to be considered a copyrightable work. Copyright law features an extensive jurisprudence dedicated to determining the bounds of protection.
A patent gives its owner the exclusive right to prevent others from making, using, or selling the patented invention. 35 U.S.C. § 101 provides a broad definition of patentable subject matter, stating that anyone who “invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof” may seek a patent. For an invention to be patentable, the invention must be useful, novel, and nonobvious.
A trademark is any word, name, or symbol, used to identify and distinguish one manufacturer or seller from others. The Lantham Act, 15 U.S.C. § 1051, outlines federal trademark protection. For a mark to be eligible for trademark protection, the mark must be used in commerce and be distinctive.
A trade secret is information that has economic value because it is not generally known or readily ascertainable. The Uniform Trade Secrets Act (UTSA) is a piece of legislation that has been adopted by 47 states and the District of Columbia. The UTSA lays out the elements and remedies of a trade secret claim.
Who Should Take CLE Courses in Intellectual Property Litigation?
Intellectual property litigation can affect a wide variety of practice areas. While patent attorneys hold specialized qualifications, any business or corporate attorney may face questions related to copyright or trademark registration and infringement. For these attorneys, a CLE course in intellectual property law may be exactly what they need to brush up on relevant IP issues.