Property is an increasingly important part of the United States' economy. In 1996, the United States creative industries accounted for 3.65 percent of the gross domestic product, which is equivalent to $278.4 billion (S. Rep. No. 105-190, at 10 1998).
As the world economy continues to shift from an industrial economy to an information-based economy, the assets of the countries are increasingly based in intellectual property. The United States already leads the world in the creation and export of intellectual property and IP-related products. As one court observed, "[t]he future of the nation depends in no small part on the efficiency of industry, and the efficiency of industry depends in no small part on the protection of intellectual property." (Rockwell Graphic Sys. Inc. v. DEV Indus., Inc., 925 F.2d 174, 180)
Legal establishments have created enforceable rights for various intangibles that are known as intellectual property, including copyrights, trademarks, patents, and trade secrets. For example, the law of copyright impart federal legal protection for infringement of certain special rights, such as reproduction and distribution, of "original works of authorship," which also includes computer software, literary works, musical works, and motion pictures.
The law of trademark federally protected interest in a using a commercial identity or a brand to identify a product or service to the consumers. Unauthorized use of a trademark is prohibited by the Lanham Act. On the other hand, new inventions are often protected by obtaining a patent. Other ways to use the law to protect a new invention is to treat it as a trade secret.
Like any valuable product, IP is eagerly sought by criminals. IP theft has escalated in recent years resulting in enormous economic losses. These losses pose a significant threat to the health and viability of the economy. The International Anti-Counterfeiting Coalition estimated........
