Intellectual Property

The law firm of Malyszek & Malyszek is well experienced in matters involving intellectual property rights. Our accomplished team of attorneys will help assess the specifics of your case and provide you with legal preparations.

Intellectual property (IP) refers to creations of the mind. It is any product of the human mind that the law protects from unauthorized use by others. According to intellectual property laws, owners are granted exclusive rights to a wide variety of intangible assets including literary, musical, and artistic works, inventions, symbols, words, and designs.

The ownership of intellectual property essentially creates a limited monopoly in the protected property. Types of intellectual property rights include trademarks, patents, copyright, trade dress, industrial design rights, and trade secrets which allow people to gain recognition or financial benefit from what they invent. There are also more specialized varieties of exclusive rights such as circuit design rights, plant variety rights, plant breeders' rights, industrial design rights, and database rights (in European law). The IP system aims to adopt an environment in which creativity and innovation can flourish. Intellectual property can be bought, owned, and sold.

Patents protect what makes things work, for example, how a wheel turns. Designs protect the appearance of a product or logo. Trademarks are signs, like words and logos, which distinguish goods and services in the marketplace. Copyright is an automatic right which applies when the work is fixed or recorded in some way.

The products of the human intelligence that form the intellectual property are characterized as non-rivalrous public goods. This means that the same product may be used by more than one person without reducing the availability of that product for use by others.

Infringement of IP rights usually takes place when a person other than the owner exercises any of the exclusive rights without the owner’s permission. Counterfeiters illegally use other people's trademarks whereas piracy connects to the illegal use of copyright material.

There are many ways to resolve intellectual property disputes. At the Malyszek & Malyszek law firm, we offer a range of professional services and resources that can help you resolve the dispute. Call Malyszek & Malyszek today to learn more about the many legal services our law firm has to offer.