As a business owner, you might own some intellectual property (IP), such as trademarks, logos, and patents. When working with employees and other people in your industry, you might have to share your IP for them to fulfill their work obligations. It’s a scary thought that someone could steal your IP or use it in a way that you haven’t authorized.
ContractsCounsel, an online legal marketplace connecting clients with IP lawyers, can help you by putting you in contact with experienced, vetted lawyers to settle any disputes or infringements.
Besides seeking legal guidance, it’s important to know how to navigate disputes so that you can settle them out of court. Read the rest of this article to learn about common IP disputes, how to prevent them, how to deal with them, and why hiring a lawyer can help you.
What are Common Intellectual Property Disputes?
Here are some of the most common IP disputes you might have to deal with:
- Patent disputes. The other party might use, make, or distribute your patent without your approval. It’s common for these disputes to end up in litigation as they involve a breach.
- Trademark disputes. You and the other party might both be using the same, or a similar, trademark to sell your goods or services. This can be harmful to your business reputation.
- Copyright disputes. There could be arguments about the legal, rightful use of copyrighted content, such as music.
- Confidentiality disputes. IP conflicts can arise from one party sharing the other’s sensitive business information.
How Can You Prevent Intellectual Property Disputes?
You can avoid the stress of an IP dispute by finding ways to prevent it from happening.
Be Clear About Ownership
At the start of your business relationship with employees, freelancers, or other parties, you should draft a contract that clearly specifies your IP ownership rights.
On ContractsCounsel, you can hire an IP lawyer to draft a contract that’s clear for all parties to understand, minimizing future disagreements and conflicts.
Ask Them to Sign an NDA
Sharing private business information is sometimes necessary, depending on the project you’re working on. To protect your sensitive information, you should ask the people you work with to sign a non-disclosure agreement.
Register all Your IPs
Check that patents and trademarks are registered with your local government agency to ensure that if other people use them, you’ll legally be able to exercise your rights.
For trademarks, register them with the United States Patent and Trademark Office (USPTO) so that you give public notice that you own them.
Monitor your IPs
On a regular basis, you should keep an eye out for any illegal use of your intellectual property so that you can take action as soon as you notice a violation.
On USPTO, you can monitor your trademarks. You can also check online platforms and marketplaces to ensure no one is misusing your IP.
How Are Intellectual Property Disputes Resolved?
IP disagreements can be resolved in five main ways.
Negotiation
This is the simplest of the resolution processes. It involves communicating directly with the other party so that you can reach an agreement on the issue. For example, they might agree not to use your trademark anymore, which you’ll want to get in writing.
It’s worth trying to negotiate with the other party before considering legal solutions, as it’s cost-effective and can help you resolve the matter quickly.
Mediation
If you can’t reach an agreement with the other party, hiring a mediator can help. A neutral mediator encourages constructive communication between parties so that they can come up with their own resolution together. It fosters a spirit of collaboration and mutual agreement on the matter.
Arbitration
Arbitration is a more formal, legal process for IP dispute resolution. An arbitrator will listen to both parties’ cases before providing a binding decision so that both parties know what to do to remedy the situation without having to go to court.
Litigation
This is a more serious and formal method for resolving disputes. You and the other party need to present evidence in court, which your lawyers can help you do. A judge and jury will be present to decide on the dispute outcome.
It’s important to note that there are other legal solutions for IP disagreements. These can include sending cease and desist letters to the other party, notifying them of the IP violation and requesting that they stop conducting their offensive activities. Another example is an injunction, of which there are two types.
- Interim injunctions. They are temporary measures outlined at the start of litigation to stop the other party’s activities. They aim to prevent further damage to your business in the short term, until a final decision on the dispute is provided.
- Permanent injunction. These are provided after the final decision, so that the other party can’t continue their offensive activities.
Should You Hire an IP Lawyer?
You should consider hiring an IP lawyer to help you deal with a dispute. They can assist you by:
- Offering extensive legal knowledge. IP disputes can be complex, so you need a professional lawyer who understands all the applicable laws that could affect your situation.
- Helping you explore dispute resolution methods. Lawyers will outline the best course of action for your case, such as negotiating with the other party or sending cease and desist letters.
- Representing you in court. They’ll gather all evidence to represent you in court, should you have to go through legal proceedings.
- Drafting your IP contracts. To prevent future disputes, your lawyer will draft legal, clear, and balanced IP agreements so that there are no vague or confusing terms.
- Conducting IP searches. Lawyers will check that your IP is unique and can be protected, so that there are no violations from other parties.
Do you need an IP lawyer for a dispute?
If you want to seek legal guidance for your IP dispute, you should contact a lawyer on ContractsCounsel. All lawyers are vetted on the platform and ready to assist you with drafting your IP contract or dealing with an IP dispute so it can be resolved quickly and efficiently.
