§ 1.01 Introduction

• Jurisdiction: United States
• Publication year: 2020

§ 1.01 Introduction

The general public has become more aware of intellectual property. This does not mean, however, that most people understand that intellectual property is not a single concept but is composed of four different and distinct areas of the law: copyrights, trademarks, trade secrets, and patents. While these areas share the common goal of protecting the intangible creations of the human mind, they are governed by a unique body of rules and requirements. In addition, while there is some overlap, they are generally designed to protect different sorts of intellectual creations. For example, copyrights protect works of authorship whereas patents protect inventions. In addition, while there are federal criminal statutes that protect copyrights, trademarks, and trade secrets, there is no statute that criminalizes patent infringement. Therefore, as an initial matter, it is important to understand the basic scope of each of these four "intellectual property rights."

While the general public may not fully appreciate the distinction between patents, copyrights, trademarks, and trade secrets, since this book was originally published in 2003, more and more Americans are beginning to understand the economic importance of protecting the intellectual property of U.S. corporations. Numerous studies have been published detailing the adverse effects that intellectual property theft has on United States' economic growth.

For example, according to the 2019 Annual Intellectual Property Report to Congress (AIPRC), submitted pursuant to 15 U.S.C. § 8114, "[t]he protection of intellectual property is especially critical for maintaining U.S. competitiveness in this digital age."¹

According to the AIPRC:

• "The Department of Commerce (2016) designated 81 industries (out of 313 total, more than 25 percent) as IP-intensive in 2014, collectively accounting for $6.6 trillion value added in 2014, or 38.2 percent of U.S. GDP. IP-intensive industries directly accounted for 27.9 million jobs and indirectly supported an additional 17.6 million jobs, representing almost one in three jobs in the United States. IP-intensive industries also pay well; compared to non-IP intensive industries, workers in IP-intensive industries earn 46 percent higher weekly wages.
• "The Department of Commerce reported that technological innovation is linked to roughly three-quarters of U.S. growth since the mid-1940s.
• "Trademark-intensive industries accounted for 23.7 million jobs in 2014; copyright intensive industries accounted for 5.6 million jobs in 2014; and patent-intensive industries accounted for 3.9 million jobs.
• "In 2014, workers in IP industries received an average weekly wage of $1,312, compared to a weekly average of $896 in non-IP-intensive industries; a 46 percent difference.
• "Share of workers in IP industries with a bachelor's degree or

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