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Over the years, intellectual property ("IP") law has taken on a growing role in the business world. Unfortunately, many clients are not aware of the IP they own an may not have adequate protection or, they may not know how to avoid problems when dealing with IP issues. One of our committee's goals this year is to help make IP law more readily accessible to everyone.
To attain our goal, we aim to provide TIPS members with a forum and communication network for members of the legal community at large to discuss IP law issues relating to the tort trial and insurance practice, including issues related to copyrights, trademarks, patents, trade secrets, IP litigation, insurance for IP and IP risk management. We aim to provide the legal community with a source of general IP information and notions that can be taken back to clients to better assist them. Our goal is not to convert anyone into becoming an IP lawyer, but to provide a forum to assist TIPS members in better serving their clients.
The Intellectual Property Law Committee of the Tort Trial & Insurance Practice Section is made up of plaintiffs, defense, insurance and corporate counsel with an interest in IP law. Some of our members are "pure" IP lawyers, while most others only skirt some IP issues in their trial and business law practices.
IP law traditionally relates to patents, copyrights, trademarks and trade secrets. Our committee cuts across and includes a number of interrelated disciplines.
Because IP rights are generally limited monopolies, and because they relate to business activities, there is also substantial crossover (particularly in litigation) between these traditional areas of IP law and other disciplines such as antitrust law, contracts, licensing, media law and general business torts such as unfair competition, tortious interference with a prospective business advantage, etc.
Also relating to litigation involving IP law is insurance coverage law. In recent years, various courts have held that there is a duty to defend and in some instances a duty of coverage in IP litigation. Some policies cover unfair competition, piracy, and other claims which often involve IP. Because IP cases often contain many separate counts, there are times when coverage of one such cause of action ultimately results in coverage, or at least a duty to defend, which extends to other causes of action as well. Insurance coverage law has thus become an important element of litigation strategy for both plaintiffs and defendants.
Because of the numerous disciplinary intersections involved in our committee's approach to IP, we have been fortunate enough to have obtained a wide cross-section of expertise among our vice-chairs as well as among our general membership.
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