The scope of copyright protection varies from country to country. Copyright protection is easier and cheaper to obtain and lasts longer than patent protection. However, unlike patent protection, copyright provides no defense if a competitor creates a similar work independently, that is without copying. Trade secret protection requires that reasonable steps must be taken to protect the secret, such as limiting access to the secret and obtaining signed nondisclosure agreements from those to whom the secret is disclosed. No state or federal filings or registrations are required for trade secret protection.
Independent development is a defense.
Trade secrets are protected primarily by state law. Federal law protects trade secrets by authorizing criminal prosecution of those involved in the theft of trade secrets. Trademarks A trademark is any word, name or symbol that is adopted and used by a company to identify its goods in commerce and distinguish them from those manufactured or sold by others. Trademarks can be protected under both state and federal law. As with copyrights, some trademark protection is established as soon as a mark is used and those rights will last as long as the mark remains distinctive and is not abandoned.