Intellectual Property

The world and laws of Intellectual Property is ever evolving. The three podcasts discuss different areas of IP and offers brief insight on the specific area. In Deciding between Patents and Trade Secrets Protection, Professor Andrew Beckerman-Rodau gives a brief historical overview of patent and trade secret protection. He explains that, “generally anything protected by patent law is also protected by trade secret law, but not vice versa.” He gives five business considerations to help any business owner or brand manager to avoid any litigation procedures or keep your company properly protected:
• Commercial Life- what is the life span of your patent? Will the patent need an update?
• Reverse Engineering-Can the molecular structure be reversed? Is it too complex to be reversed? Ex. Coca-Cola
• Independent invention-Does your invention stand-alone? Is it a replica or a mockery of another invention?
• Educating your competitors-
In the second podcast, The Mystery of Fair Use, Pt. 1, University of Minnesota Law Professor Bill MGeveran discusses the effects and difference between common fair use and nominative fair use. We all know that “fair use is an exception to the exclusive right granted by copyright law to the author of a creative work “ (en.wikipedia.org). There are many controversies that arise from deciphering between common and nominative fair use, i.e. Internet use, expansion of concepts, trademark users’ intentions. Some practical concerns that Professor McGeveran gives to avoid confusion and litigation are:
• If you’re doing a parody, make it clear that it’s a parody
• If you think that you’re trying to stick under classic fair use, be VERY descriptive
• If you end up on the receiving end, you want to put your ducks in a row and proceed with an explanation as to what are the intentions for the use of the trademark.
By doing so, it “unravels some of the complexities involving trademarks” (McGoveran, 2011).

Attorney William F, Lee discusses how trials involving IP can be strenuous on all parties involved. In the Yale University Law School podcast Jury Trials in Complex Intellectual Property Cases: Do They Work? Attorney Lee says, “Yes” the do work. As complex and time consuming as they may be, it is best to avoid court. But in some cases, Plaintiffs feel the need to take a case to court. Attorney Lee explains that, “IP is sort of a quaint area”, meaning it’s not mainstream or critical to the economy only the parties involved. He gives rules that should be followed when and if a case should proceed to court:
• You have three audiences- trial judge, jury, court of appeals
• You need to be the educator
• Jurors don’t like monopolies, they like challenges
• Build the technical details of your case, i.e., history, success of your patent, etc.
• Never underestimate the trial judge

All three deal with a different area but it gives the reader a different outlook in each are of IP.

Beckerman-Roadau, Andrew. (November 23, 2009). Deciding between Patents and Trade Secrets Protection Podcast. Podcast retrieved from www.law.suffolk.edu/itunes

Lee, William F. (March 8, 2007). Jury Trials in Complex Intellectual Property Cases: Do They Work? Podcast. Podcast retrieved from http://cs.law.yale.edu/blogs/podcasts/archive/2007/03/23/jury-trials-in-complex-intellectual-property-cases-do-they-work.aspx

McGeveran, Bill. (February 7, 2011). The Mystery of Fair Use, Pt. 1 Podcast. Podcast retrieved from http://bpgradio.podbean.com/