Since we live in the digital age, it’s becoming common for intellectual property disputes to increase. All of us are exposed to more content than ever before, and sourcing tends to be clouded. While other intellectual-property infringements are unintentional, they are still considered unacceptable under the eyes of the law.
If you’re here to learn what intellectual property is about and you want to know more about your rights, then this article will help you! Here are some of the most common examples of intellectual property disputes:
Understanding Intellectual Property
Intellectual property is an all-embracing categorical description for the set of intangible assets owned and lawfully protected by a company or individual from external use or application without permission. An intangible asset is a non-physical asset that a company or person owns.
The idea behind the intellectual property is that it is connected to the fact that particular products of human intellect must have similar protective rights that apply to physical property which are referred to as tangible assets. A lot of economies have legal courses of action to protect both forms of property.
4 Main Types of Intellectual Property
Intellectual property includes sets of rights managing the ownership, sale, and use of items produced through the use of a person’s intellect or creativity, including logos, machines, and musical compositions. There are four main kinds of intellectual property you must know:
1. Trademarks. These are the logos and slogans that are utilized to identify specific goods. The laws of trademark also cover trade dress and service marks.
2. Copyrights. These are musical recordings, films, plays, writings, and other creative works that are recorded into a tangible medium.
3. Patents. These are inventions and other technical or mechanical innovations.
4. Trade Secrets. These include instructions, recipes, production methods, and some information that provides a business or individual with a winning edge and is not willingly accessible by the general public.
Most Common Types of Intellectual Property Disputes
The most common types of disputes when it comes to intellectual property are most likely related to either trademark infringement, copyright infringement, or patent infringement. These issues usually arise when businesses or individuals, such as small businesses, discover that others are employing their intellectual property without consent:
Trademark Infringement. This happens when someone or a business is using the same phrase, word, logo, symbol, or mark that you are utilizing to sell similar products, most likely confusing consumers. It’s better for you to register your trademark immediately as this will provide you additional legal protection by doing so.
Copyright infringement. This issue arises when someone has used your creative work, including images or words without your permission. In this situation, if you haven’t registered your copyright yet, it’s recommended that you do so for you to be able to recover damages in the federal court system.
Patent infringement. This infringement occurs when someone is using, creating, selling, or selling something that contains each element of your patented claims. Since patented inventions frequently contain some different parts and provide growth to more than one patent, an infringement claim can become complex.
You must also be aware that trade secrets can be subjected to intellectual property, so if you do experience it, make sure that you address it immediately. Even if you’re a small business owner, you can also keep trade secrets, so avoid ignoring this possibility if you own a business.
Countermeasure for Intellectual Property Disputes
There are countermeasures you can take for intellectual property disputes such as:
- Forfeiture of the property utilized to produce the infringing products.
- Monetary harm to compensate the non-violating party for losses brought by infringement
- Terminate and discontinue orders, which are used often in cases where a trademark is being employed without consent
Of course, these will depend on the type of violation at hand. In several cases, criminal charges can also lead to the infringing party.
Hiring a Lawyer for Resolving Intellectual Property Dispute
Most of the time, intellectual property disputes can frequently cost individuals and businesses a serious deal of revenue and profits. In Australia alone, they have a strong legal system that protects the intellectual property of individuals. Trademarks are normally issued and protected nationally, so if you have problems regarding any type of infringement conflict or issue, a central coast lawyer will help you out.
Your attorney can provide you with legal research and advice about your specific claim. And if you do need to be present in court, a great lawyer will be the one to represent you during those situations as well.