[20220413]IF10986_知识产权法：简介.pdf

https:/crsreports.congress.gov Updated April 13, 2022Intellectual Property Law: A Brief IntroductionIntellectual property (IP) law comprises a set of exclusive rights to exclude others from making, copying, or using certain intangible creations of the human mind. The U.S. Constitution provides Congress with two powers relevant to IP rights. First, the IP Clause empowers Congress to grant “Authors and Inventors the exclusive Right to their respective Writings and Discoveries” in order “to promote the Progress of Science and useful Arts.” Second, the Commerce Clause allows Congress to regulate interstate and foreign commerce. Generally, IP rights are intended to encourage innovation and the spread of knowledge by providing incentives to create new works and generate useful inventions. IP law may also serve other purposes, such as promoting fair competition, preventing consumer confusion, or deterring economic espionage. The U.S. economy is increasingly knowledge-based, with a growing focus on technology and innovation. A recent study by the U.S. Patent and Trademark Office (PTO) found that IP-intensive industriessuch as computer technology, entertainment, apparel, and pharmaceutical