While discussing intellectual property law and probate law you must know both of these concepts individually. Brief information provided here under can be helpful for you in this regard. As artists you may already be fami
What is an Intellectual Property law?
In legal terms, Intellectual Property law protects the rights of an individual or company who has created something original. Everything that is original whether it is a novel, a game, identification mark of a company or an invention is covered under this law. This law was passed to encourage new inventions, technologies and artistic interpretations that can help in promoting economic growth of the country or the world as a whole. People can make more efforts to create something new when they know that their creation will be protected by the law and their labor can benefit them.
The intellectual property law uses three methods to protect the rights of the creators and inventors in US:
The expressive arts are protected by copyrights which allow the original creator to publish, perform, reproduce and create derivates of their creation. Along with it they are also provided rights to get economic benefit from their works and ban others for it, without taking their permission. But it protects only the expressed ideas instead of unexpressed ideas.
This part of intellectual property law protects the inventions for a certain period of time from being produced, used and sold by others. It includes patents for designs, plants and utility in US. An invention is said to be patented when the application from the inventor gets approval from the Patent and Trademark Office of US.
The identification marks and names of the companies and products are protected through Trademarks. They are used to make it easy for the customers to identify different producers of similar products. Once a company starts using an identification mark TM with its name, products and symbol then it is assumed that it is automatically covered under Trademarks law even without informing the government in this regard. They strictly protect the intellectual property rights of the company or an individual creator.
What is Probate law?
Probate law helps in managing all the claims on the estate of a deceased person along with distributing such properties among his/her authorized dependents and relatives. Probate and trusts are also closely related, as they affect the estate of deceased peoples. Probate can be of two types – testamentary probate and intestate probate.
Testamentary probate: When a deceased person leaves behind a will then it is known as testamentary probate. In such cases the estate can be managed only by appointing an executor to see whether obligations and assets of the estate have been handled as per the instructions provided in the will. A legal procedure involves when the contents of the will are challenged by some potential creditors or heirs. In such cases the probate court helps in valid distribution of the estate. This type of disputes generally take time to get settled.
Intestate probate: Sometimes the probate court is called to distribute the property of the deceased person according to the law of the state, when no will is left behind by the deceased.