954-384-6114

Intellectual Property

As an inventor, creator or entrepreneur, ensuring that you maintain ownership and rights to your intellectual property is crucial in today’s high-tech world. Whether it is protection of patents, trade secrets, information technology, or other creative and unique work, we at Oppenheim Law know the importance of ensuring that our clients receive full compensation for  their creative labor. From filmmakers and artists to developers of life-changing inventions and devices, we have worked with clients from the ground up in protecting their intellectual property, assisting them in filing for copyright or trademark protection, and developing non-disclosure agreements and licensing agreements to permit limited use of their intellectual property by others. When others have violated those agreements, or used intellectual property without proper consent or without compensating the owner properly for such use, we have zealously litigated on behalf of our clients to ensure that they maintain complete control and derive fair payment for the use of their property.

About Oppenheim Law

Founded in 1989 by a husband and wife legal team, Oppenheim Law is uniquely positioned as one of Florida’s leading boutique law firms in South Florida, serving national, international, and local clients with experienced advocates in a wide range of areas. The Firm is proud to have the highest rating (AV) conferred by Martindale Hubbell® Law Directory, the most respected directory of lawyers and law firms in the U.S. In addition, the firm, through Roy Oppenheim, commands the highest rating from AVVO, a 10.0., the largest web-based attorney directory service in the U.S.

The Firm’s practice areas include real estate and business related matters, intellectual property, consumer rights, commercial litigation, foreclosure, employment and contract law,  and real estate.

What is Intellectual Property and Intellectual Property Law?

Intellectual property (IP) refers to creations of the mind. Artistic works, literary pieces, software code, logos, slogans, designs and inventions fall into this field. Hence, Intellectual Property is the area of practice of law  concerning  the protection of the rights of authors, inventors and owners of those creations.

What are the rights of IP owners?

The owners of IP have similar rights those held by real estate or personal property owners. Even though the concept is sometimes harder to grasp, owners of IP can sell, transfer, license and economically profit from their creative products in a similar fashion as owners of tangible property do. Protecting and transacting with IP assets is not only necessary for businesses but it can evolve into a big generator of profits.

Where do I have IP rights?

IP transactions require a clear understanding of several areas of the law at the federal, state, and international level.  IP legal protection mechanisms are territorial in nature: every country   sets their own IP law.  In  the United States,  states also have some freedom to regulate some aspects of intellectual property as well. Therefore, IP owners may have a combination of state, federal, and international intellectual property rights. Nonetheless, globalization has pushed almost all jurisdictions to participate in international harmonization efforts. Those efforts are currently embeded in a group of international treaties, such as  the Madrid Protocol, the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS), the Berne Convention for the Protection of Literary and Artistic Works, and the Paris Convention for the Protection of Industrial Property, that allow owners of IP to benefit and profit from their IP assets in other countries.  The United States is part of most IP treaties giving American businesses, nationals, and residents access to a wide variety of international IP rights.

What is a Patent?

A Patent is an exclusive right granted to inventors by the government to exclude others from making, using, distributing or selling their inventions without their authorization for a limited period, generally, 20 years.  Patents provide economic incentive to inventors by offering the possibility of obtaining material reward for their innovations, in return for that protection inventors must publicly disclose all relevant information about the invention, including specific instructions on how to replicate it. That exchange strengthens and feeds the body of public knowledge and is a fundamental core to the enrichment of culture and science.  Patents protect processes, designs, and devices that meet the patentability criteria.

What is a Trademark?

Trademarks are symbols or words used to designate the source of products or services. Owners of Trademarks are protected based on the government’s interest in fostering a fair market. Fairness in trademark law does not mean lack of competition, on the contrary trademark law is designed to foster competition by making sure that consumers can clearly distinguish each product or service.

What Are Trade Secrets ?

What is a Trade Secret? A trade secret is a formula, practice, process, design, instrument, pattern, commercial method, or compilation of information not generally known or reasonably ascertainable by others such as customer lists and marketing data or secret formulas or ingredients for a food or beverage.

What does an IP lawyer do?

An IP lawyer is skilled in intellectual property, which includes rules for properly securing and enforcing legal rights to creative work, including but not limited to, inventions, designs, and artwork.

What is a Copyright?

Along with Patents, Copyrights are the “Classic IP Assets” as their protection is contemplated in the Constitution. A Copyright is a form of protection granted to authors of original works of authorship fixed in a tangible medium of expression. It prevents others from reproducing, preparing derivative works, distributing copies, and/or performing or displaying works without the author’s permission. Protected works can be literary, dramatic, musical or audiovisual. Copyrights attach as soon as the work is created and fixed in a tangible form that is directly perceptible or perceptible with the aid of a machine or device.

Fort Lauderdale Intellectual Property Attorneys

We can help you navigating IP Law!

While the protection of IP creates new jobs, strengthens industries, and enhances the quality of life,  an inventor, creator and/or entrepreneur must  maintain ownership and rights to one’sr intellectual property in this ever evolving  high-tech world.

Whether it is protection of trade secrets, information technology, marketing material, or other creative and unique work, at Oppenheim Law we understand the importance of ensuring that our clients  are protected and receive full compensation for  their creative labor. We preventatively  work with clients from the ground up in all areas of intellectual property, trademark and copyright law, and, should litigation be necessary, we vigorously protect our clients’ intellectual property rights.

Oppenheim Law Handles:

  • Copyright Registration
  • Copyright Enforcement and Litigation
  • Patent
  • Trademark Selection and Clearance
  • Trademark Registration
  • Trademark Enforcement and Litigation
  • Trade Secrets
  • Domain Name Disputes
  • IP Licensing, Assignments and Merchandising Agreements
  • IP Portfolio Management
  • Brand Development and Monitoring
  • Confidentiality and Non-Disclosure Agreements
  • Preparing and Responding to Cease and Desist Letters

Should you be involved in a dispute over your intellectual property, please feel free to contact us online or give us a call at 954-384-6114 and we will be glad to respond to your inquiry.

Oppenheim Law | Florida Intellectual Property Attorneys
2500 Weston Rd #404
Fort Lauderdale, FL 33331
954-384-6114