U.S. registration. Additionally, if a foreign company has recently filed an application for the mark in their home country, they can file in the U.S. under Section 44(d) and claim priority based on the foreign application filing date. This type of application must be filed within six months of filing the foreign application. 6.4 Copyrights Copyrights cover original works of authorship, including books, music, films, software, and artistic creations. Unlike patents and trademarks, copyright protection exists automatically upon creation of the work, meaning registration is not required for protection. However, filing with the U.S. Copyright Office strengthens legal claims and is necessary to enforce rights in court. Protection lasts for the life of the author plus 70 years, or 95 years for works created by corporations. Registration fees start at $45 to $125, with approval timelines averaging 3 to 9 months. Additional costs may apply, depending on the specifics of the registration process or any supplementary services required. 6.5 Trade Secrets and Confidential Information Trade secrets include proprietary business information, such as formulas, customer lists, manufacturing processes, and business strategies that derive economic value from not being generally known. Unlike patents, trade secrets do not require registration but must be actively protected through confidentiality agreements, internal security measures, and limited access policies. To qualify as a trade secret under the Defend Trade Secrets Act (DTSA) and state laws, information must meet three key criteria: (i) It must provide economic value from not being publicly known. (ii) The business must take reasonable steps to keep it secret, such as using NDAs (non-disclosure agreements), restricted access, and security protocols. (iii) It must not be readily ascertainable by proper means (e.g., through public records or reverse engineering). The DTSA allows businesses to enforce trade secret rights in federal courts, providing a uniform legal framework across the U.S. On the other hand, confidential information refers to any non-public business information that a company wishes to keep private but may not necessarily meet the legal definition of a trade secret. While all trade secrets are considered confidential information, not all confidential information qualifies as a trade secret. Examples of confidential information that may not qualify as trade secrets include employee salary data, internal reports, and supplier agreements. Businesses should distinguish between the two and implement proper contractual and security measures to prevent unauthorized disclosure.
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