The term “intellectual property” usually refers to assets that are not physical assets of the business.
This can include:
- Copyright – Such as written materials produced in the business, software coding, website content, photographs and more. You do not need to register your copyright ownership – it simply exists when the work is created.
- Trade marks – These are “badges of origin” that are used so the general public can identify that goods or services are from your business. Trading names, product names and logos can all be trade marks. While it is not essential to register the trade marks used in your business, registration usually provides greater legal protection and rights if there is an infringement by another business or person.
- Designs – It is possible to register a design, should a product from your business have a distinctive visual appearance that you want to prevent others from copying.
- Patents – Registered patents provide exclusive rights if you create a product, process or method that is new, inventive and useful. There are various types of patents, and so expert advice should be sought before you disclose your invention to the general public.
How do you deal with a copyright infringement?
We frequently see infringements by competitors and this can cause significant harm to a business.
The best way of dealing with an infringement will depend on the type of material that is being infringed, and whether or not your intellectual property rights are registered. The end outcome that you want to achieve is also important to consider. For example, if the infringement has caused you financial loss, it may be appropriate to seek damages to compensate you. Or, in some cases, successfully making the infringer stop using your intellectual property is the main goal.
In any event, we can work with you to explore the most appropriate way of dealing with an infringement in an efficient and cost-effective way.
Mitchell Zadow, Managing Principal, Accredited Specialist (Commercial Law)
Caroline Callegari, Special Counsel
Do you have any intellectual property queries? Please get in touch.