New to the corporate field? You may not be aware that even your business’s intangible assets need as much protection as your money, equipment, or property. Your business’s intellectual property (IP) is one of its most valuable assets. Customers choose your patented product because it’s unique.
They recognize and trust your brand through your trademarked logo. If you create books, music, or video games, your copyrights protect your work and income. No matter what type of IP you have, understanding common violations helps you protect it.
Acts That Breach Intellectual Property Protections
Intellectual property violations happen when someone uses protected ideas, brands, or creative works without permission. Here are the main acts of violations:
- Copyright Infringement: This happens when someone copies or shares copyrighted material without approval.
- Trademark Infringement: This occurs when a brand name, logo, or symbol is used without permission in a way that confuses customers.
- Patent Infringement: This happens when someone makes, sells, or uses a patented invention without permission.
- Trade Secret Theft: This occurs when confidential business information is taken or shared without authorization.
- Industrial Design Infringement: This happens when someone copies the design of a product without permission.
- Publicity Rights Violations: This occurs when someone’s name or image is used for commercial purposes without their consent.
10 Examples of Intellectual Property
Some easy-to-understand examples of intellectual property include:
- A book or story
- A company’s logo
- A new invention protected by a patent
- A song or music piece
- The source code of a software program
- A secret recipe for a popular drink
- A unique building design
- A special product design, like a chair
- A catchy advertising slogan
- A choreographed dance routine
Examples of Violation of Intellectual Property
Some notable examples of intellectual property rights include:
Copyright Infringement
- Illegally copying or selling music or movies.
- Recording or photocopying copyrighted material without permission, even for personal use.
- Using someone else’s image in a product listing without permission.
- Uploading images online without owning or licensing them.
Trademark Infringement
- Creating a logo or brand name that confuses buyers into thinking it’s from the original company.
- Using a company’s trademarked logo without approval.
- Selling fake (counterfeit) products.
Patent Infringement
- Copying a patented invention and claiming it as a new one.
- Making and selling a patented product without permission.
Trade Secret Theft
- Taking confidential business information, whether or not there was an agreement to keep it private.
Rights of Publicity Violation
- Using someone’s name, image, or music in an ad or video without their approval.
Design Patent Infringement
- Copying a patented design feature, like Samsung using Apple’s rounded phone corners.
Parody
- Creating parodies without permission falls under the act of intellectual property violations.
Plagiarism
- Copying someone’s writing or artwork and claiming it as your own.
What Agencies Are in Charge of Implementing the Intellectual Property Code?
In the U.S., two main agencies enforce intellectual property laws:
- United States Patent and Trademark Office (USPTO): Handles patents and trademarks.
- United States Copyright Office: Oversees copyright protection.
Both agencies are crucial in safeguarding intellectual property rights.
Can a Business Attorney Help with IP Rights Violations?
A business can resolve an intellectual property (IP) dispute in the following ways:
- Direct Resolution: Contact the infringing party and ask them to stop. If the issue was unintentional, they might agree to stop or negotiate a license.
- Cease-and-Desist Letter: A formal letter warning the infringer to stop their actions. A strong letter can be effective in stopping violations.
- Border Actions: If counterfeit goods are crossing borders, businesses can request customs authorities to stop them.
- Administrative Actions: Some regions allow businesses to challenge or cancel IP registrations to prevent conflicts.
- Court Proceedings: If other methods fail, businesses can take legal action. Courts may stop the infringement, order compensation, or require the destruction of counterfeit goods.
- Legal Actions: Depending on the IP type, businesses can file a complaint with the USPTO, go to court, or seek arbitration to settle the dispute.
- Alternative Dispute Resolution (ADR): Less expensive and complex than court cases. Includes:
- Mediation: A neutral party helps both sides reach an agreement.
- Arbitration: A neutral arbitrator makes a binding decision.
Wrapping Up
Intellectual property laws protect creators, encouraging innovation and public benefit. Violating these laws can lead to serious legal consequences, depending on the type of violation and location.
Looking for a business attorney? Contact Zeshaan Samani at Edwards Sutarwalla Samani LLP. Our qualified attorney has expertise in business law, mergers and acquisitions, tax strategy, and real estate transactions with a key focus on tax implications. Call us at (713) 565-1353 for a consultation.