We were recently asked what Idaho laws protect intellectual property rights. Here's a summary of some Idaho statutes and common law protecting your valuable intellectual assets.
Note that IP protection is often a matter of federal law. You may find links to resources about some of the relevant federal IP laws at this Tech-Lawyer blog post. Domain names, an important adjunct to trademarks as indicia of brand, are protected under the federal anti-cybersquatting statute, under World Trade Organization regimes, and otherwise.
For reference in using the summary below, you may find a table of contents for and links to Idaho statutes may be found here.
Some of the Idaho statutes protecting IP include the Communications Security Act (I.C. § 18-6701 et seq.), the Computer Crime Act (I.C. §§ 2201-02) (new statute providing felony prosecution), and many of the statutes found in Title 48 dealing with Monopolies and Trade Practices.
As to Title 48, some of the applicable statutes include Idaho’s Trademark Act (I.C. § 48-501, et seq.), portions of Idaho’s Consumer Protection Act (see particularly I.C. § 48-603), and Idaho’s Trade Secrets Act (I.C. § 48-801, et seq.).
In 2008, Idaho increased IP and related competitive protections regarding former employees and key independent contractors and enacted I.C. § 44-2701, et seq. covering Agreements and Covenants Protecting Legitimate Business Interests.
Further, if parties cooperate in the theft or misappropriation of IP rights or related information, then claims under racketeering and conspiracy statutes may also be available. See, e.g., I.C. § 18-7805.
In addition to statutory protections, common law protects against breaches of the duty of loyalty by directors and offices and against infringement of unregistered trademarks, for example.
For more information, please contact me at:
Emile Loza, JD, MBA, CLP
Managing Partner & Founder
E. eloza@TechnologyLawGroup.com
P. 208.939.4472
LinkedIn. http://www.linkedin.com/pub/dir/emile/loza
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