Table of Contents
Library Print IP Resources
This is a general guide to resources available to Wake Forest law students about intellectual property. The guide is divided into the major subjects in Intelletual Property, patents, copyrights, trademarks and trade secrets. We have endeavorded to provide links to important legislation, cases, treatises and other resources on that topic.
Patent definition from the USPTO. A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office. Generally, the term of a new patent is 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees. U.S. patent grants are effective only within the United States, U.S. territories, and U.S. possessions. Under certain circumstances, patent term extensions or adjustments may be available.
The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States. What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention. Once a patent is issued, the patentee must enforce the patent without aid of the USPTO.
Trademark definition from the USPTO. A trademark is a word, name, symbol, or device that is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A servicemark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms “trademark” and “mark” are commonly used to refer to both trademarks and servicemarks.
Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Trademarks which are used in interstate or foreign commerce may be registered with the USPTO.
Copyright definition from the USPTO. Copyright is a form of protection provided to the authors of “original works of authorship” including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. The 1976 Copyright Act generally gives the owner of copyright the exclusive right to reproduce the copyrighted work, to prepare derivative works, to distribute copies or phonorecords of the copyrighted work, to perform the copyrighted work publicly, or to display the copyrighted work publicly.
The copyright protects the form of expression rather than the subject matter of the writing. For example, a description of a machine could be copyrighted, but this would only prevent others from copying the description; it would not prevent others from writing a description of their own or from making and using the machine. Copyrights are registered by the Copyright Office of the Library of Congress.
WIPO (World Intellectual Property Organization) defines trade secrets as any confidential business information which provides an enterprise a competitive edge may be considered a trade secret. Trade secrets encompass manufacturing or industrial secrets and commercial secrets. The unauthorized use of such information by persons other than the holder is regarded as an unfair practice and a violation of the trade secret. Depending on the legal system, the protection of trade secrets forms part of the general concept of protection against unfair competition or is based on specific provisions or case law on the protection of confidential information.
The subject matter of trade secrets is usually defined in broad terms and includes sales methods, distribution methods, consumer profiles, advertising strategies, lists of suppliers and clients, and manufacturing processes. While a final determination of what information constitutes a trade secret will depend on the circumstances of each individual case, clearly unfair practices in respect of secret information include industrial or commercial espionage, breach of contract and breach of confidence.
How to Access Resources in this Guide
Many of the resources in this guide are from the Professional Center Library’s BNA and CCH subscription databases. As such, these are only available to students and faculty of Wake Forest Law School. If you are attending another law school please check with your law librarians to see if your library subscribes to these resources.
Wake Forest access for Bloomberg BNA:
All the Bloomberg BNA resources listed in this guide are directly linked. If you are looking for other Bloomberg BNA resources please go to the library home page and click on Bloomberg BNA under the Licensed Online Services section. You will find all our Bloomberg BNA subscriptions linked here.
Wake Forest access for CCH Intelliconnect:
To access CCH Intelliconnect please go to the library home page and click on CCH Intelliconnect under the Licensed Online Services section. You’ll be prompted to login to CCH Intelliconnect. If you haven’t already registered a username and password click the link under New User. Please note you must use your @wfu.edu email address when registering. Once you login note all the databases listed on the left side of the screen. Scroll down to Intellectual Property. All the CCH Intelliconnect resources in this guide are available there.
General Online IP Resources
Source descriptions for both Bloomberg BNA and CCH Intelliconnect resources are taken directly from the resource scope notes.
- World Intellectual Property Organization (WIPO)
- U.S. Patent and Trademark Office (USPTO)
- CCH Intelliconnet Intellectual Property resources. News, current developments, reporters, practice guides, and indexes on intellectual property topics. Login to CCH and browse to main subject heading Intellectual Property. Click the plus signs to see individual titles.
- Bloomberg BNA Intellectual Property resources. Access individual resources from here.
- Bloomberg BNA Intellectual Property Law Resource Center - News, cases, laws and other resources on all aspects of intellectual property law.
- Bloomberg BNA Patent, Trademark and Copyright Journal - Comprehensive news of the most important intellectual property cases, statutes, trends, and other key developments in all areas of the law.
- Bloomberg BNA Patent, Trademark and Copyright Law Daily - Comprehensive news of the most important intellectual property cases, regulatory developments, and trends, on a daily basis.
- Bloomberg BNA Media Law Reporter - Media law cases on everything from FOIA to the First Amendment, with the only weekly reporting service on significant opinions handed down by federal and state courts at all levels.
- Bloomberg BNA World Communications Regulation Report - Provides news and analysis of international regulation of communications technologies (land-line phone, mobile, handhelds, or desktop computer) giving an insight into the latest legal developments relating to issues such as electronic signatures, data privacy, Internet governance, domain names, technological protection measures to prevent copying or file sharing, broadcasting – plus related legal issues such as Antitrust and law enforcement measures including wiretapping.
- Bloomberg BNA World Data Protection Report - Latest developments in privacy laws worldwide. Requirements for compliance vary from country to country and crucially, as in the example of the E.U. Member States, the application of Directives may vary slightly from state to state, according to how domestic legislation has chosen to interpret it.
- Bloomberg BNA World Intellectual Property Report - Comprehensive, reliable information on fast-changing global developments relating to patents, trademarks, copyrights, and other areas of intellectual property law.
- CCH Intelliconnect - Commercial Law of Intellectual Property, Peter A. Alces, David Frisch, Jay P. Kesan, Harold F. See, The Commercial Law of Intellectual Property (Aspen Publishers 1994. Includes detailed analysis of all applicable U.C.C. sections and other relevant legislation, as well as discussion of hundreds of cases in which intellectual property interests have been subject to U.C.C. provisions, with attention to such critical areas as shrink-wrap and click-wrap license agreements; licenses and other licensing arrangements that some courts view as valid contracts and others do not; representation, fitness, and disclaimer of liability in warranties, with special reference to computer systems and other intellectual property sales, leases, and licenses; and unconscionability in the formation of intellectual property sales agreements.
- CCH Intelliconnect - Epstein on Intellectual Property, 5th ed. Michael A. Esptein, Epstein on Intellectual Property (5th ed. Aspen Publishers 2006). Detailed guidance on the latest legal developments in such areas of intellectual property law as biotechnology, intellectual property, due diligence, software protection, copyright infringement and ownership of employee inventions.
- CCH Intelliconnect - Handbook on Intellectual Property Claims and Remedies, Patrick J. Flinn, Handbook on Intellectual Property Claims and Remedies (Aspen Publishers 2000). This title offers step-by-step guidance on how to maximize, or minimize, possible remedies at all stages of litigation, from pre-filing decisions through appeals. The text provides information on evaluating general remedial concepts involving lost profits, unjust enrichment, and out-of-pocket damages in IP claims and establishing which claims can affect which types of relief, and what problems may arise in joining different claims in the same action.
- CCH Intelliconnect - IP Litigator. regular briefings on the latest thinking and strategies for successfulo intellectual property litigation and enforcement. Sipplies valuable guidance and practice tips from top litigators and industry experts in patent, copyright, ITC and customs, trademark, and international litigation to keep practictioners up-to-date on the critical issues encountered in intellectual property law.
- CCH Intelliconnect - Trademark and Copyright Disputes: Litigation Forms & Analysis, Gregory J. Battersby and Charles W. Grimes, Trademark and Copyright Disputes: Litigation Forms and Analysis (Aspen Publishers 2003). This title provides forms, checklists, and analysis to help the practitioner navigate their intellectual property dispute. Organized in the sequence of a litigation process, starting with the complaint and ending with appeals, this publications provides commentaries covering virtually every area of copyright and trademark litigation in federal court and before other administrative bodies, such as ICANN arbitration, and International Trademark Commission actions.
Free IP Quick Links
- U.S. Copyright Office - Information about online registration option and other news about reengineering; key publications including informational circulars; application forms for copyright registration; links to the copyright law and to the homepages of other copyright-related organizations; a link to online copyright records cataloged since 1978; news of what the Office is doing, including business process reengineering plans, Congressional testimony, and press releases; our latest regulations.
- The World Intellectual Property Organization (WIPO) - The World Intellectual Property Organization (WIPO) is the United Nations agency dedicated to the use of intellectual property (patents, copyright, trademarks, designs, etc.) as a means of stimulating innovation and creativity.
- Cornell's Legal Information Institute: Intellectual Property - Concise overview of Intellectual Property.
- ABA Journal Intellectual Property News - you can subscribe to this news feed via RSS.
- American Intellectual Property Law Association - A national bar association constituted primarily of lawyers involved in the practice of patent, trademark, copyright, trade secret, and unfair competition law, as well as other fields of law affecting intellectual property.
- ABA Journal IP Law Blogs - Directory of IP blogs
- Patently-O - One of the ABA 100 top IP blogs for 2011. patently-O is described as "the most popular patent law blog and a daily read for thousands of attorneys and agents from every major IP firm, innovative corporation, and TC at the USPTO." The author, Dennis Crouch is a law professor and patent attorney at the University of Missouri Law School in Columbia. He also authors Patently-O Patent Law Journal.
- IPWatchDog - One of the ABA 100 top IP blogs for 2011. IPWatchdog.com is an Internet magazine (or blog if you prefer) focusing on patent and innovation news, business and policy. Unlike many blogs, we strive to provide information and detailed analysis with magazine length articles. The founder of IPWachdog.com is Gene Quinn , a patent attorney, law professor and a leading commentator on patent law and innovation policy.
- Copyhype - One of the ABA 100 top IP blogs for 2011. The author, Terry Hart, is a graduate of Chicago-Kent College of Law with a J.D. and a certificate in intellectual property law. Ben Sheffner, author of the Copyrights & Campaigns blog, which is on hiatus says "The site’s clean and spare design echoes the fine print of a contract, and this is fine print you’d actually enjoy reading. Its column Friday’s Endnotes links and summarizes the week’s most relevant copyright news."
- Internet Cases - One of the ABA 100 top IP blogs for 2011. Evan Brown is the author. He's a lawyer, blogger, husband and father who focuses on technology and intellectual property law. This blog covers copyright, trademarks, electronic discovery, licensing, the Digital Millennium Copyright Act, open source, privacy, anonymity, domain names, the Communications Decency Act, the First Amendment, and other wonderful things along those lines.'s
- Bow Tie Law - One of the ABA 100 top IP blogs for 2011. Joshua Gilliland, Esq., is the blogger for “Bow Tie Law.” The “Bow Tie Law Blog” is dedicated to untying the knotty issues of e-Discovery. Josh is a California attorney and has conducted over 300 Continuing Legal Education seminars on e-Discovery from Miami to Anchorage.
- Blog Law Blog - One of the ABA 100 top IP blogs for 2011. Law professor Eric E. Johnson on the law of blogs.