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No, copyright infringement isn't theft even if it has been characterized as "stealing intellectual property". Intellectual property is a broad term without any
by uiri 9y ago
No, copyright infringement isn't theft even if it has been characterized as "stealing intellectual property". Intellectual property is a broad term without any real meaning.
Copyrights don't have to be registered to have effect. Patents do. Trademarks can be either. If you don't defend a trademark, you lose it. If you don't defend against copyright or patent infringement, you can just wait. Patents last for 20 years. Copyright lasts for life of the author + 70 years, or 95 years (publication date)/120 years (creation date) for corporations. Registered trademarks are renewed every 10 years; potentially indefinitely (?)
You can't make any assumptions about trade secret law based on other "types" of "intellectual property" without actually reading and knowing the laws around trade secrets.
- erik_seaberg 9y agoIANAL but you can't just wait indefinitely if it's viewed as letting evidence deteriorate or setting a kind of trap for the infringer. https://en.wikipedia.org/wiki/Laches_(equity) https://en.wikipedia.org/wiki/Laches_(equity)
- uiri 9y agoI am also not a lawyer. There is a distinction between wait indefinitely between an individual infringement occurring and suing for that incident versus picking and choosing which infringers to go after. The latter is not an option for trademarks. Also, that appears to be an equitable defense. If successful, it would prevent an injunction to remedy the infringement but the holder of the rights in question could still pursue monetary damages. Again, I'm not a lawyer so I could be way off base here.
- chrismcb 9y agoWhat do copyright, trademark and patents have to do with trade secrets? You accuse the op about not knowing anything about trade secrets then you proceed to talk about things that aren't related to trade secrets. Trade secrets aren't protected by copyright, as something needs to be published, therefore no longer a secret, to be copyrighted. Trademarks, well they just aren't a secret. Patents are the opposite of a trade secret. With a parent you publish your secret for the guarantee of a monopoly on it for a certain period of time. A trade secret can be kept forever if you keep it a secret. Trade secrets do have protections, but you have to actively maintain the secret.
- tialaramex 9y agoPublication isn't needed for copyright protection in the modern era, essentially all countries including the United States signed Berne which says you have copyright in any work as soon as it's created, no need to publish, register, file, or whatever.
- uiri 9y agoThat's exactly my point. The term intellectual property groups all of these things together as if the laws surrounding them are in any way similar or related. Yes, trade secrets are generally things which are patentable which the inventor chooses to keep secret for one reason or another - generally for some sort of competitive advantage.