Intellectual Property Court Case Paper Example

Introduction

Mattel, Inc. v. MGA Entertainment, Inc. is an example of an intellectual property court case. Mattel Inc. is renowned creators of the Barbie doll who had been sued by their rival doll company, MGA Entertainment for copyright of the Bratz doll. The district court ruled that Mattel Inc. infringed the trade rights of MGA, but later the court of appeal overturned the ruling. This because it was discovered that a former employee at Mattel who had been working at the design department had been designing the doll that was an original property of Mattel. After he was employed at MGA Entertainment, he used the same design on the product thus going against copyright laws. Mattel won the case and was paid a sum of $100000 while MGA were told to put their product off the shelves for a while.

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What are some of the reasons that intellectual property requires different legal protections than tangible or real property?

Intellectual property should be legally protected to avoid unfair business competition. It protects competitors from taking creations and ideas by other companies and using them as theirs. Intellectual property laws help to identify a product design to a specific company with its distinctiveness from other products. If there is infringement, a company should file a complaint as soon as possible to prevent the copied product from hitting the market. An entrepreneur should get an intellectual property lawyer to help protect the products brand creations from patents and copyright infringement.

How are valid and enforceable contracts important to the creation and protection of intellectual property?

Valid and enforceable contracts are essential to the creation and protection of intellectual property for a business since they ensure that the creational ideas are protected in the business world. Companies use lawyers such as patent lawyers, trademark lawyers, and intellectual property lawyers. Lawyers observe the adherence to the legislated rules and orders that protect the creations of a company and its brand. The contracts further control the employment sector and protect intellectual property because they hold employees culpable for copyright protection even in cases when they terminate their employment contracts.

What might some of these contracts include?

Some of the features may include the offer of the demand and promise between the partisan parties with regard to copyright, the statement of the lawful purpose of the association. The provisions of the way forward if the contract is breached and the considerations to be made. It may also state the damage fees to be paid in case of infringement. However, most contracts do not indicate the value of monetary compensation due to economic dynamics and time value for money. The clause is in most cases settled on once a breach occurs.

Give a brief feedback on the video.

The video sheds light on trademark, patent, and copyright in intellectual property. It describes trademark as what a company is known for, patent as a new invention of a product and copyright as the artistic work protection. It assists learners and people in business to understand what type of intellectual property law to use when protecting their work. The video explains trademarks and how they differ from domain names and business names. It explains domain name as that which is on the web and business name, on the other hand, is the name which a company sells its products under.

Consider the following as you watch: How do you determine whether you have a patentable invention?

When an entrepreneur designs a new product, it should meet the requirements for patenting. The entrepreneur must ensure that the product is new and not a copied version of another product. The product must not be obvious, and the inventor should be able to describe its features and usefulness. Only the product's inventor should claim its rights. Other requirements include; the product should be unfit for copyright protection, it should not be a law of nature or a physical occurrence, it should not be offensive to a person or the public in general.