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Capturing or Securing Intellectual Property Rights

3. What does an individual have to do to capture intellectual property rights?

The requirements for securing intellectual property rights vary depending upon the type. For example, some types of intellectual property may require filing with a government agency. Failure to file or meet a filing deadline could forfeit one’s rights to the “public domain”. Once intellectual property is in the public domain, an individual’s rights in the property are forfeited and cannot be recaptured. This is just one simple example of many separate requirements that may apply when attempting to secure rights in a particular item of intellectual property. The requirements for securing rights in intellectual property are discussed separately.

•    Discussion: Why do you think Congress provides for varying methods of securing intellectual property rights based upon the type of intellectual property? Is there an argument that the procedures should be more uniform?

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