Whether you realized it or not, your ideas and thoughts have value. Known as intellectual property, ideas developed in a person’s mind, imagination, ingenuity, creativity, or experimentation can be protected by the law. When the concepts you design in your mind are legally protected by law, you own all rights to those ideas.
These ideas can survey a range of subjects in the world, such as science, literature, inventions, business practice, or trade secrets. While it may seem strange to seek legal protection for your thoughts, you may have developed a tool that will help improve the economy or well-being of others that some may wish to emulate, duplicate, or copy.
Understanding how intellectual property laws work can help you understand how others may attempt to steal it and what options you have if they do.
Protecting Your Intellectual Rights
The law offers three main types of protection for the intellectual property each with its own unique system of filing for protection.
- Trademarks: These are often used by businesses and corporations to establish a unique identifier for themselves. These can include symbols, designs, words, or lettering. The three main benefits of registering a trademark include nationwide protection for its use, the legal grounds to pursue infringements, and a way to build brand recognition for your business.
- Copyrights: Copyrights are used for many works of art or creative works. This often includes movies, music, literature, dance, and even performances. With a copyright, the work is not allowed to be copied or reproduced without the permission of its creator. Copyright approval is dependent on evidence that the work is truly original and unique.
- Patents: Patents are mainly used for protecting inventions or a unique process for completing a task or making something. With a patent, it is illegal for other individuals or businesses to make, sell, or distribute that invention or use that process without permission from the patent owner. Patents, however, have a time limit of 20 years. Design patents are limited to 14 years. If an individual or business violates your patent, you have the right to pursue legal action against the violator.
Intellectual Property Rights Infringement
Many of the infringements upon an intellectual property are unintentional. However, the law does not distinguish between accidental and intentional. If there has been an infringement on a person’s intellectual property, that person has the right to pursue the other through the legal system. While there are many ways to infringe on a person’s intellectual property, the most common types of infringement include:
- Inadequate trademark search: It is the responsibility of a company that wishes to create a logo or other identifiers that qualify for trademarks to appropriately research those business identifiers to be sure they are not already in use by other individuals or businesses.
- Importation of infringing products: While registering trademarks and patents protects your intellectual property within the United States, there may be companies abroad that look to produce knockoffs that may even include your logo. By registering your company, your trademarks, and registering your information with the US Customs and Border Protection, you can help prevent this from happening by attempting to stop these products from crossing into the country.
- Infringement of digital media including social and websites: Some small businesses are particularly susceptible to this. Violators may assume they are small and therefore lack the resources to pursue legal options for intellectual property violations. This could include other businesses or individuals mirroring their website or social media. In other cases, a company may post another’s trademark or copyrighted information, but assume that they have a right to because they credited the company. However, they may not have received permission to do so.
- Disclosing trade secrets: While employees are vital to the success of any business, employees that work for a company are exposed to processes and trade secrets utilized by their employer. When that employee seeks a different job, perhaps in the same industry, there is a chance they will disclose this information to their new employer. For this reason, many employers utilize nondisclosure or non-compete agreements.
FAQs
Q: What Is the Most Common Mistake of Intellectual Property Rights?
A: Those who have intellectual property need to be able to recognize its value and take the right steps to protect it. People commonly make the mistake of failing to register or trademark a logo, failing to file a copyright, failing to register an invention for a patent, and failing to utilize an intellectual property attorney.
Q: What Are Examples of Violations of Intellectual Property?
A: There are many ways to violate intellectual property. Common examples include the use of a company’s trademarked logo, using music without express permission by the artist in a video, manufacturing a knockoff version of a patented product, or using a photocopier to reproduce written works. These, and other violations, are protected by the law.
Q: What Is the Most Common Violation of Intellectual Property Rights?
A: One of the most common violations of intellectual property is the use of another’s logo, images, or words without the owner’s permission. Although this can be unintentional, it is the responsibility of the user to research the availability of any property they wish to use. Ignorance is not a valid defense for violations of property rights.
Q: Can I Sue for a Violation of Intellectual Property Rights?
A: Whenever a person or business utilizes your intellectual property without your authorization, you have a right to file a legal claim against them. Most legal avenues will begin with a cease and desist letter through your attorney that will attempt to persuade them to stop. If that fails, your attorney will work with you on further litigation that could seek compensation for profits earned by the violator from its usage.
California Intellectual Property Attorneys
Your ideas have value and you should protect those ideas from others who wish to use them for their own advantage. If you feel your intellectual property has been infringed upon, contact an experienced and knowledgeable attorney who can help ensure your property is rightfully returned to you. Contact The Myers Law Group today.