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June 1, 2016Rebecca Todd
What is the Scope and Effect of the Copyright Act’s Preemption of a State Law Claim For Theft or Misappropriation of Trade Secrets? What Evidence is Insufficient to Avoid Summary Judgment in Favor of the Defendant?
Spear Mktg. v. BancorpSouth Bank, 791 F.3d 586 (5th Cir. 2015)
March 6, 2021Jennifer S. Sickler
Intellectual Property Basics for Business Lawyers
Intellectual property (“IP”) arises in numerous forms and can be among the most valuable assets of a business. It is intangible property and includes patents, inventions, copyrights, trademarks, trade secrets, and mask works. Copyright includes a broad range of works of authorship, such as software, software manuals, movies, books, paintings, or practical items such as a company website or operating manual. Because of the intangible nature of intellectual property, it must usually be protected or it can be lost. Federal and state statutes and the common law provide for the protection of intellectual property. They create legal rights for owners to use intellectual property and to pursue legal remedies for violation of such rights.