Intellectual Property, or IP, is the core of the modern economy. It includes everything from the applications on your phone to the logo on your coffee mug. At the same time, IP law is constantly evolving and complex. This is why judicial precedent or the written opinions from courts are essential for business owners, artists, inventors, and lawyers alike.
Are you trying to find court cases that set a precedent in Intellectual Property Rights? In this case, it can be overwhelming to go through a huge database. The idea here is to know that IP does not exist as one singular body of law. Yes, it is divided into different categories. Each of these categories carries its own search strategies. Here are a few strategies you can follow to find court cases in Intellectual Property Law:
Pinpoint the IP Category
Before you search, you should first spot the three key categories your issue falls under. When you search for Copyright cases with the name of a company, you will not yield fruitful results.
Patents
Patents are part of IP laws that safeguard designs, functional processes, and inventions. Patent cases generally deal with licensing agreements, validity, and infringement for new technologies.
Copyright
It safeguards original works of authorship like music, books, architecture, and software code. Copyright cases involve disputes over unauthorized derivative or reproduction works.
Trademarks
Trademarks will safeguard brand identifiers like slogans, names, and logos. They are used in commerce to differentiate goods or services. Trademark cases generally involve a greater probability of confusion and brand dilution.
When you are aware of the category to search, you can efficiently target your search.
Use Specialized Government and Global Resources
Some of the most authoritative and quickest ways to find court cases related to IP laws come from international and government organizations.
WIPO Lex (International IP Judgments)
The World Intellectual Property Organization (WIPO) maintains the WIPO Lex database. This is an excellent resource available free of cost to access legal information at the international level. You can even find leading judicial decisions of regional and national courts on IP Matters. For cross-jurisdiction research, this is a powerful point to begin your search.
USPTO and International Databases (Patents)
For patents, the US Patent and Trademark Office, or USPTO, offers databases like Patent Public Search for prior art. However, you can find court cases involving patents in the Federal Circuit Court records. For an international-level search, you can use WIPO’s Patentscope, which is a major resource for published international patent applications.
Prioritize Federal Courts for US Cases
In the United States, the Federal Court System largely hears Intellectual Property Disputes.
Copyrights and Trademarks
Copyrights and trademarks can, at times, involve state claims like breach of contract and infringement claims. They are widely handled in the US District Courts. So, you can search through the electronic records like PACER of these courts. Otherwise, you can use online case summary services that focus on federal decisions.
Patents
Federal district courts have exclusive jurisdiction over patent cases. Appeals directly reach the US Court of Appeals for the Federal Circuit (CAFC). CAFC is the definitive source if you are looking for patent precedent.
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