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Intellectual property protection and preemption
| Content Provider | Scilit |
|---|---|
| Author | Saunders, Kurt M. |
| Copyright Year | 2021 |
| Description | Legal protection for undeveloped or unused ideas is largely unavailable under traditional forms of intellectual property law such as patents, copyrights, trademarks, and trade secrets. In addition, some claims for idea theft based on state law theories, such as contract law and property law, may be preempted by federal copyright or patent laws. The doctrine of preemption applies when federal laws conflict or interfere with state law that protects ideas. This occurs to the extent that a claim for idea theft is equivalent to any of the rights of copyright or patent law or comes within the subject matter of those laws. Likewise, some claims for the theft of ideas qualify as trade secrets are preempted by the Uniform Trade Secrets Act, while tort or contract claims for information not meeting the definition of trade secret are not displaced. Book Name: Intellectual Property and the Law of Ideas |
| Related Links | https://content.taylorfrancis.com/books/download?dac=C2018-0-87339-4&isbn=9780429021084&format=googlePreviewPdf |
| Ending Page | 36 |
| Page Count | 20 |
| Starting Page | 17 |
| DOI | 10.4324/9780429021084-3 |
| Language | English |
| Publisher | Informa UK Limited |
| Publisher Date | 2021-01-23 |
| Access Restriction | Open |
| Subject Keyword | Book Name: Intellectual Property and the Law of Ideas History and Philosophy of Science Copyright Claims Patent Intellectual Contract Preemption Secrets Property Law |
| Content Type | Text |
| Resource Type | Chapter |
