Knowledge vs. Intellectual Property Disputes

The distinction between these concepts gains crucial real-world significance when intangible assets are commercially exploited or contested. For example, a recent high-profile case involved the South Korean media company JTBC publicly accusing its former production partner, C1, of inflating production costs over three seasons of a popular sports reality show. JTBC argued that C1 unlawfully exploited the show's intellectual content and violated exclusive media rights, while C1 responded by accusing JTBC of unfairly withholding revenue-sharing and obstructing its creative efforts. The heart of this case—and many like it in New York—lies in determining the true ownership and scope of rights over the show’s intangible creative assets, making it a textbook example of a knowledge vs. intellectual property dispute with massive financial and reputational stakes for both parties.

Industrial property, a foundational pillar of intellectual property disputes, includes patents, design rights, and brand identifiers like trademarks. These protections are typically associated with commercial utility, protecting new inventions (Patents), functional improvements (Utility Models), and brand distinctiveness (Trademarks). Conversely, Copyright is designed to protect artistic and literary creations, regardless of whether there is commercial intent behind the work. It grants creators both Moral Rights (protecting personal connection and integrity) and Economic Rights, which include the crucial rights of reproduction, distribution, and adaptation of the original work.

With the continuous growth of technology, New York's legal landscape is also evolving to recognize newer and often complex categories of digital assets. These include unique protections for software and algorithmic models, specialized database architectures, and even the designs of new digital interfaces. A significant challenge for creators and legal professionals alike is the ongoing classification and protection of Artificial Intelligence-generated assets, which are currently being registered under both copyright and patent frameworks, depending on their structure and use.

To secure protection for industrial property—including patents, utility models, and design rights—applications must be formally submitted to the United States Patent and Trademark Office (USPTO). This process is highly detailed and demanding, requiring applicants to include comprehensive descriptions, necessary diagrams, and precise legal claims defining the scope of the invention. Rejections are a common part of the process, often occurring due to conflicts with prior art or formal defects in the application, which frequently necessitates the expertise of specialized legal counsel to properly appeal or amend the filings.

Registration for copyright, which covers literary and artistic works, is managed by the U.S. Copyright Office and is a prerequisite for filing most infringement lawsuits. Applicants must submit the actual work, a completed application form, and a required fee to secure protection. For emerging digital assets, like sophisticated software or AI-generated content, registration often requires the submission of electronic files and associated metadata under either copyright or patent law, depending on the asset's form.

Knowingly violating another's legally protected property rights can lead to severe criminal penalties under state and federal law, ranging from substantial fines to imprisonment. Prosecution may cover unauthorized use, forgery, or the commercial distribution of protected works, requiring defendants to build a careful legal argument centered on issues like lack of intent or a valid claim of fair use. Beyond criminal law, administrative conflicts often arise when a third party registers a creation before the original owner; in these cases, the owner may initiate actions such as cancellation suits or validity challenges before USPTO or specialized state tribunals.

Civil lawsuits represent the most common legal route for resolving disputes involving intellectual property and can result in significant remedies for the infringed party. Successful plaintiffs can secure injunctions to immediately stop the unauthorized usage, receive compensation for financial damages caused by the infringement, or obtain orders to recover unjust enrichment made by the defendant. To win a civil case in New York, plaintiffs must definitively prove three things: clear ownership of the asset, the originality of the work, and the specific act of infringement, which is often established with the support of expert reports or forensic evidence.