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Intellectual Property Law 101 — Anwesha Das
Learn the essentials of intellectual property law, including patents, trademarks, copyright, and open source licensing. Understand how IP protects your creative work.
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Intellectual property law protects both tangible and intangible assets created by human intellect
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Main types of IP protection:
- Patents: Protect novel ideas and inventions for a limited time
- Trademarks: Identify and distinguish products/services from different sources
- Copyright: Protects original creative expressions and implementations
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Software licenses declare rights between developers and users:
- Proprietary licenses: Most restrictive
- Open source licenses: Balance between public domain and proprietary
- Public domain: Least restrictive
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Open source license categories:
- Permissive licenses (MIT, BSD, Apache)
- Reciprocal/copyleft licenses (GPL)
- Important to choose based on use case, not personal preference
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Trademark protection:
- TM symbol indicates unregistered trademark
- ® symbol indicates registered trademark with patent office
- Territorial/jurisdictional protection varies by country
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Copyright automatically applies to code:
- No registration required
- Protects specific implementation/expression
- Software licenses manage copyright permissions
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Patent considerations:
- Must be novel and new
- Time-limited monopoly rights (typically 20 years)
- Can be risky and expensive to obtain
- Open Invention Network helps protect open source from patent risks
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Best practices:
- Don’t create custom licenses
- Choose appropriate license for project needs
- Consider jurisdiction differences
- Review existing FAQs before asking common questions