BEST LEGAL SERVICES FOR NRI'S
Intellectual Property is probably the last concern in the mind of entrepreneurs. However, violations of intellectual property rights could put you in a dark spot and may result in a major expense. It's better to avoid such legal issues and be apprised of the ways to protect yourself from any violation. Let us start by understanding what the IP actually is. Intellectual property is best protected by copyright, trade secret, patent, and trademarks. When you have worked hard to develop any of these works, it is your duty to protect them from being used without your permission. Certain IP rights are protected by government; however, with the help of Intellectual Property lawyers, you should also actively protect IP from the violation. You can follow these steps to ensure the protection of IP infringement: 1) Register Your Work As soon as you create work, immediately register it with the authorities governed by the laws of that country. It allows you to put your claim into the view for the public, discouraging others to use your work. Registering trademarks like the logo of your company gives your company the right to use the R signature, which gives legitimacy to your business. Besides, it preserves your right to sue anyone violating your intellectual property. Disclosing an invention to the public without registering may increase your chances of losing the patent if you fail to do it within a year of the disclosure. However, if you register a patent or fill a provisional patent application, you will have the right to use the patent pending designation, which can discourage others from developing a similar product. The provisional patent application is the first step for you towards preserving your Intellectual Property from getting violated. 2) Investigate Registration in Foreign If you are planning to do business overseas, you need to investigate the registration process of intellectual property developed by you. The US offers many conventions and treaties to its citizens for registering patents and trademarks in various countries by filing a single application. However, you still need to ensure if you are following all the protocols of Intellectual Property as advised by the country's government. Several countries require that you file prior to publicizing a product, and many have other regulations to be followed by entrepreneurs. Investigating proper process of IP registration before stepping into the country will certainly help to avoid any IP infringement concerns. 3) Be Quiet About It Hitherto a protection is granted by the relevant authorities, the best course of action is to keep quiet about your Intellectual Property. It means that you should limit the number of people you tell to in case your work is still not patentable, or in case you like to protect it using laws. If you have a team involved in the development, ensure non-disclosure agreements are signed by each of them to make it clear to everyone about the confidentiality of the work. Even when you have filed the application, wait until you get the approval for protection from authorities. 4) Track Your Competitive Environment Legal authorities offer legal services once the patent is registered appropriately and can penalize anyone using it improperly or without your permission. However, they don't keep track of all the work and are most likely to not know if someone else is using. Thus, it is your duty to keep an eye on your industry to ensure your intellectual property isn't being violated. You can start by paying attention to new entrants to the market and note their work. Investigate products similar to yours to check if any other party is not using either your words or graphical images to promote their work. In addition, be aware of the dilution of intellectual property. If any of your work has the potential to become the common term, you can risk of losing your right to claim it. Zipper, for example, is a common word but was once trademarked too. The owner lost his right to the trademark.
5) Defend if IP is violated During the investigation, if you find instances of your intellectual property is being violated, take actions immediately. You can start by sending a formal ‘cease and desist letter’ to the violator, telling him/her to stop using your work. A lawyer can help you draft it for the most impact. If the infringer still doesn't stop, you can choose to send a takedown notice for copyright infringement, file a lawsuit, or request a court injunction for copyright infringement. Conclusion A trademark is a work of an art, which should not be misused, and thus, the government has strict policies against it. It is important for entrepreneurs to understand the Intellectual Property not only to protect their work from getting violated but also to avoid copyright infringement for them. You can always learn more about the process to keep your intellectual property secure from any violation. Keep your work safe while securing others' work
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Registering a business involves a number of steps, such as obtaining a business license, selecting a business structure, obtaining an Employer Identification Number (EIN), and opening a business bank account. Additionally, it is important to make sure to meet all local, state, and federal filing requirements.
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10/23/2023 04:11:22 am
Avoid discussing your intellectual property with others until you have properly protected it, unless they have signed a nondisclosure agreement. Don't share this important information with just anyone, and avoid promoting your concept in any kind of public venue like Kickstarter. You should consult an attorney and sign specialized non-disclosure agreements, particularly if you're working with partners.
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AuthorAmy Jones is a professional legal expert working with Ahlawat & Associates. With a long background of taking up several types of cases, she is able to provide the right legal consultation to their clients in a professional manner and help them to solve their complicated legal problems. she keeps writing about different legal matters. Please follow her on Facebook & Twitter to get her latest updates. Archives
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