Overview

If I steal your apple, you have no apple. If I steal your idea, you still have the idea, but now I have it too. IP law tries to balance the spread of ideas with the need to reward inventors.

Core Idea

The Big Three:

  1. Copyright: Protects expression (Books, Music, Code). Lasts Life + 70 years.
  2. Patent: Protects inventions (Machines, Drugs). Lasts 20 years. Must be novel and non-obvious.
  3. Trademark: Protects brands (Logos, Slogans). Lasts forever as long as used. Prevents consumer confusion.

Formal Definition (if applicable)

Fair Use: You can use copyrighted material without permission for criticism, news, teaching, or parody. (This is why you can quote a book in a review).

Intuition

  • Trade Secret: A secret recipe (Coca-Cola). No registration needed, but if someone figures it out, you have no protection.
  • Public Domain: Works whose IP has expired. Shakespeare is free for everyone.

Examples

  • Apple vs. Samsung: Patent war over the shape of the iPhone.
  • Disney: Mickey Mouse entering the public domain (Steamboat Willie).
  • Open Source: Using copyright to enforce sharing (Copyleft).

Common Misconceptions

  • “I mailed it to myself so it’s copyrighted.” (Poor Man’s Copyright—doesn’t really help in court. Copyright exists the moment you create the work).
  • “If I change 10%, it’s okay.” (No, it’s still infringement if it’s “substantially similar.”)
  • Patent Troll: A company that buys patents just to sue people, not to make products.
  • Digital Rights Management (DRM): Software locks to prevent copying.

Applications

  • Tech Industry: Software patents.
  • Pharma: Drug patents (Generic vs. Brand name).
  • Music: Sampling.

Criticism / Limitations

“Information wants to be free.” Does IP stifle innovation by creating monopolies?

Further Reading

  • Lessig, Free Culture
  • Goldstein, Copyright’s Highway