Trust Law: Includes State Trust Laws (varies by state), Uniform Trust Code (UTC), and Restatement of Trusts. These form the foundational legal framework for trust creation and administration.
Intellectual Property Laws: Encompasses Copyright Act (17 U.S.C.), Patent Act (35 U.S.C.), Trademark Act/Lanham Act (15 U.S.C.), Trade Secrets Act, and Digital Millennium Copyright Act (DMCA). These laws govern the protection and transfer of intellectual property assets.
Tax Laws: Includes Internal Revenue Code, state tax regulations, gift tax provisions, and estate tax considerations. Critical for understanding tax implications of IP trust creation and management.
Property Laws: Comprises state property laws, rules against perpetuities, and transfer of property regulations. These govern how property, including intellectual property, can be held and transferred.
Contract Laws: Includes state contract laws and Uniform Commercial Code (where applicable). These govern the formation and enforcement of the trust agreement itself.
Securities Laws: Includes Securities Act of 1933 and Securities Exchange Act of 1934. May be applicable if the IP trust involves securitization or public offering elements.
Recording and Registration Requirements: Covers USPTO requirements, Copyright Office requirements, and state recording requirements. Essential for properly documenting and protecting IP assets in the trust.
Fiduciary Laws: Encompasses state fiduciary duty laws, prudent investor rules, and duty of loyalty and care requirements. These govern the responsibilities and obligations of the trustee.
