Notable Intellectual Property Laws

Why This Matters

Intellectual property law isn't a single unified system—it's a patchwork of statutes, each designed to protect a different type of creative or innovative work. You're being tested on your ability to distinguish between these regimes: copyright protects expression, patents protect inventions, trademarks protect brand identity, and trade secrets protect confidential business information. Understanding which law applies to which situation is fundamental to every IP analysis you'll encounter.

These laws also reflect evolving policy choices about balancing creator rights against public access. When you see a question about fair use, patent eligibility, or the length of protection, you're really being asked about why Congress made specific tradeoffs. Don't just memorize dates and provisions—know what problem each law was designed to solve and how it fits into the broader IP ecosystem.

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Copyright Framework Laws

Copyright law has evolved through major statutory overhauls and targeted amendments. The core principle remains constant: protecting original expression fixed in a tangible medium, while carving out space for public use and access.

Copyright Act of 1976

• Comprehensive overhaul of U.S. copyright law—replaced the patchwork 1909 Act and established the modern framework still in effect today
• Codified fair use in Section 107, creating a four-factor balancing test for determining when unlicensed use is permissible
• Set protection duration at life of the author plus 50 years for individual works, later extended by subsequent legislation

Sonny Bono Copyright Term Extension Act

• Extended copyright terms by 20 years—individual works now protected for life plus 70 years, corporate works for 95 years from publication
• Retroactive application kept works like early Mickey Mouse cartoons out of the public domain, sparking significant controversy
• Challenged in Eldred v. Ashcroft—Supreme Court upheld the extension, finding it within Congress's constitutional authority

Visual Artists Rights Act (VARA)

• Introduced moral rights to U.S. law for the first time, protecting attribution and integrity of visual artworks
• Limited scope—applies only to paintings, sculptures, drawings, prints, and photographs existing in limited copies
• Allows artists to prevent destruction of works of "recognized stature," even after sale of the physical object

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Digital Era Adaptations

The internet fundamentally disrupted traditional IP enforcement. These laws represent Congress's attempts to adapt copyright principles to a world of instant, perfect digital copying.

Digital Millennium Copyright Act (DMCA)

• Anti-circumvention provisions (Section 1201) make it illegal to bypass technological protection measures, even without underlying infringement
• Safe harbor framework (Section 512) shields online platforms from liability for user-uploaded content if they follow notice-and-takedown procedures
• Criminalized large-scale infringement—enhanced penalties for willful copyright violation in digital contexts

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Patent System Laws

Patent law grants inventors a limited monopoly in exchange for public disclosure. The key policy tension: incentivizing innovation while preventing overly broad claims that stifle competition.

Patent Act of 1952

• Codified patentability requirements—novelty (Section 102), non-obviousness (Section 103), and utility (Section 101)
• Established USPTO authority as the examining body for patent applications, with courts handling infringement disputes
• Originally used "first to invent" priority—the inventor who conceived first prevailed, regardless of filing date

Leahy-Smith America Invents Act (AIA)

• Switched to "first to file" system—aligning U.S. practice with international norms and reducing costly priority disputes
• Created post-grant review procedures—inter partes review (IPR) allows third parties to challenge patent validity at the USPTO
• Expanded prior art definitions—any public disclosure anywhere in the world can now defeat a patent claim

Bayh-Dole Act

• Allowed retention of patent rights by universities and small businesses for federally funded inventions
• Transformed university research into a commercialization engine—spawned tech transfer offices nationwide
• March-in rights provision—government retains authority to license patents if the owner fails to commercialize

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Trademark Protection

Trademark law protects consumers from confusion and businesses from brand dilution. Unlike copyright and patent, trademark rights can last indefinitely as long as the mark remains in use.

Lanham Act (Trademark Act of 1946)

• Created federal trademark registration system—marks on the Principal Register receive nationwide constructive notice and presumption of validity
• Defined infringement standard as likelihood of consumer confusion regarding source, sponsorship, or affiliation
• Secondary meaning doctrine—allows descriptive terms to gain protection once consumers associate them with a specific source

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Trade Secret and Specialized Protection

Some innovations don't fit neatly into patent or copyright categories. These laws fill gaps in the traditional IP framework.

Defend Trade Secrets Act (Trade Secrets Act)

• Created federal civil cause of action for trade secret misappropriation, supplementing state law protections
• Defined trade secrets broadly—any information deriving economic value from being kept secret and subject to reasonable secrecy measures
• Ex parte seizure provision—allows courts to order seizure of misappropriated materials in extraordinary circumstances

Semiconductor Chip Protection Act

• Sui generis protection for mask works—the layout designs of integrated circuits that didn't fit copyright or patent categories
• 10-year protection term—shorter than copyright, reflecting the rapid pace of semiconductor innovation
• Reverse engineering permitted—competitors may study protected chips to develop their own original designs

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Quick Reference Table

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Self-Check Questions

1. Which two laws both address copyright duration, and how do their approaches differ in terms of policy justification?

2. A startup discovers a competitor bypassed encryption on their software to copy code. Which law provides the cause of action, and what specific provision applies?

3. Compare and contrast the Patent Act of 1952 and the AIA—what fundamental change did the AIA make, and why does it matter for determining who owns a patent?

4. A university researcher develops a new drug using NIH grant funding. Under which law can the university retain patent rights, and what obligation does it have to the government?

5. An artist sells a sculpture to a collector, who later plans to destroy it. Which law might allow the artist to prevent destruction, and what limitation on that law's scope might affect the outcome?