By: Brette Sember, Esq.
Intellectual property is any work or idea created either by the human mind or by a computer, including copyrights, patents, trademarks, and trade secrets. Although "soft intellectual property" is sometimes used to refer to any intellectual property that is not a patent, the term is not fully accepted in the legal community.
Categories of Intellectual Property
Intellectual property is protected according to the type of work:
> Copyrights are used to protect fixed creative works such as books, articles, photos, computer software, plays, and music.
> Patents are used to protect inventions.
> Trademarks are used to protect brand names, slogans, and logos.
> The Uniform Trade Secrets Act protects trade secrets, which are confidential information used in business that can create a competitive edge in the marketplace. This can include formulas, methods, or techniques used to create a product.
Defining Soft Intellectual Property
The term "soft intellectual property" is sometimes used to refer to intellectual property other than patents , including copyrights, trademarks, and trade secrets. It can also be used to describe other assets that are harder to categorize, such as general knowledge about a product or confidential information held by a company. The distinction may have arisen because patents often apply to tangible items, such as machinery, products, and other physical inventions. Some of the more common types of soft intellectual property include books, white papers, company logos, and trade secrets.
Typically used only by laypeople, soft intellectual property is not a well-accepted legal term, although it is sometimes used in contracts or agreements. For example, a contract selling a company's intellectual property rights might include "soft" property. However, for clarity, it is best to use specific legal terminology about the items that are being managed or sold. For example, the contract might mention that items in the sale include copyrights, patents, trademarks, and trade secrets. Using the exact, correct terminology for the intellectual property in question makes it easier to manage and may also make it easier to sell, should you ever wish to.
Read more >> https://www.legalzoom.com/articles/understanding-soft-intellectual-property
