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Understanding Intellectual Property: Types, Examples, and Importance - P10


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Fact checked by

Fact checked by Jared Ecker

Updated August 05, 2025

Source: Investopedia

Photo / Image Source: Unsplash,


Understanding and Avoiding Intellectual Property Infringement

Certain rights known as intellectual property rights are attached to intellectual property. Unauthorized individuals can't use or copy intellectual property.7 Intellectual property rights give owners the ability to bar others from recreating, mimicking, and exploiting their work.

  • Patent infringement occurs when a legally protected patent is used by another person or company without permission. Patents filed before June 8, 1995 were valid for 17 years. Patents filed after this date are valid for 20 years.8 The details of the patent are made public after the expiration date.

  • Copyright violations occur when an unauthorized party recreates all or a portion of an original work such as art, music, or a novel. The duplicated content need not be an exact replica of the original to qualify as an infringement.

  • Trademark infringement occurs when an unauthorized party uses a licensed trademark or a mark resembling the licensed trademark. A competitor might use a mark similar to its rival's to disrupt business and attract their customer base. Businesses in unrelated industries may use identical or similar marks to capitalize on another company's strong brand image.

Trade secrets are often protected by NDAs. They've violated the agreement and infringed upon the trade secret if a party to the agreement discloses all or parts of a trade secret to uninterested parties. It's possible to be guilty of trade secret infringement when an NDA isn't present.


Important

Penalties for intellectual property infringement range from fines to prison sentences.





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