What legal measures can I take to protect my intellectual property?
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There are a variety of legal measures available to protect intellectual property (IP) depending on the type of IP and the jurisdiction in which you reside. Generally, IP can be protected through copyright, trademark, trade secret or patent laws.
Copyright protection applies to creative works such as literature, music, films and artwork that have been fixed into a tangible form. A copyright provides exclusive rights for authors/creators over their work including reproduction, public performance/showings and derivative works. To obtain copyright protection in most countries it is necessary to register the work with an appropriate authority such as the United States Copyright Office or CDPA in the UK; however there does not need to be any formal registration for unregistered copyrights which are automatically applied at creation.
Trademark protection applies primarily to words and logos used by businesses to identify themselves from competitors; this includes names of products & services as well as slogans & designs. Trademarks may also include sounds & shapes although these require more extensive evidence of distinctiveness than other categories due to their inherent lack of uniqueness compared with words/logos etc.. Again registration is required in order for trademarks receive full protection but common law trademark rights apply even without registration if certain criteria are met e.g.. use within commerce etc... Additionally service marks may be filed under specialised legislation such as Lanham Act 1947 (US).
Trade secrets provide another method protecting confidential information or data belonging either solely or jointly between two parties (eg: contracts). Trade secrets vary significantly across different jurisdictions but generally refer information kept secret from others via various means such as Non-Disclosure Agreements ('NDAs') contractual clauses etc… The corresponding ‘duty’ placed upon those who possess this ‘secret knowledge’ acts deterrent against disclosure – breach could result in civil liability damages being sought against them should unauthorized disclosure occur .
Adequate steps must taken prior disclosure i.e., using NDAs so that parties know what constitutes legally binding agreement - violation could lead criminal action taken against offenders alongside civil remedies mentioned above .
Patent Protection covers inventions designed improve existing processes , materials objects function differently before patented item created ; again steps must taken towards formally registering invention ideally receiving advise lawyer comes both cost effective long term benefit terms patents granted anything 5 20 years depending relevant country within application lodged . Patents differ traditional forms IP they grant monopoly right holder prevent others exploiting same idea device even when inventor dies company's ownership changes ; note always advisable seek independent advice relation potential infringement patent held third party prior taking market product potentially infringing patent !
