Publications

In-House Counsel's Role in Managing Intellectual Property

In-House Texas
05.02.05

There is an ever-growing need for in-house counsel to increase their role in managing their companies' intellectual property issues. No matter its size or character, virtually every business enterprise uses and encounters intellectual property. In-house counsel are in the unique position to marshal the company's intellectual property as well as to initiate procedures to avoid infringing upon the intellectual property of others.

What is intellectual property? The term intellectual property denotes intangible assets of a creative and distinctive character. The traditional cornerstones of intellectual property are patents, trade secrets, copyrights and trademarks. U.S. patent and copyrift protection is rooted in the U.S. Constitution and implementing congressional legislation, both of which secure exclusive rights to these types of intellectual property but only for a limited time. Trademark and trade secret protections evolved from common-law principles of commercial fair dealing and may be of unlimited duration. From these traditional cornerstones, the intellectual property field has expanded to include a wide range of personal rights and statutory hybrids.

While specific industries may require focus upon different areas of intellectual property patents, trade secrets, copyright and trademarks generally will all require attention by in-house counsel, irrespective of industry.

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The publications contained in this site do not constitute legal advice. Legal advice can only be given with knowledge of the client's specific facts. By putting these publications on our website we do not intend to create a lawyer-client relationship with the user. Materials may not reflect the most current legal developments, verdicts or settlements. This information should in no way be taken as an indication of future results.

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