Intellectual property theft is when someone uses your intellectual property (IP) without your permission. Entering into an IP dispute can be stressful and complex, which is why you’ll want to connect with an IP lawyer on ContractsCounsel, an online legal network that connects clients with experienced, vetted lawyers. They can help you navigate the situation and maintain your rights.
But, there are many things you can do to safeguard your IP. In this article, we look at how to navigate IP disputes:
- The different types of IP disputes
- How to prepare for IP disputes
- What you can do when you find yourself in a dispute to protect your company and creations
- When you should consult with a lawyer
What are the Types of Intellectual Property Theft?
There are various IP theft examples. The most common types include the following:
- Copyright. This involves someone copying or distributing your software codes, documentation, or manuscripts without your consent.
- Trademarks. A company’s trademark is its signature and can include logos and slogans. If another party uses these for their own gain, it can damage the company’s reputation in the market.
- Trade Secrets. This is when one party shares sensitive business information with the public or third parties, such as for a competitive advantage, without getting the other party’s consent.
- Patent. Patent infringement occurs when an approved patent is used by another person without the owner’s permission.
What Should You Do if You’re a Victim of IP Theft?
It can be stressful to realize that your IP has been compromised. You should act quickly to remedy the situation. Here are some things you should do.
Collect Records of the Infringement
You should try to gather as much evidence as you can that proves the IP theft, such as screenshots and messages. This will help you to prove your ownership of the content.
Review any Contracts
Check any agreements that you and the other party have signed, if applicable. Review their confidentiality and IP clauses so you can spot any violations on their part.
If the contracts are confusing and have been poorly drafted, you should request the assistance of a lawyer on ContractsCounsel. Post your project on the platform for free and you’ll receive lawyer bids. Choose a lawyer to work with. You can view their previous contract jobs on the platform to choose the best one for your specific situation.
Report to Online Platforms
If your content is appearing on an online platform, such as YouTube or Amazon, report the infringement on the site so that you can request having it removed. Make sure you get screenshots of the offense before it gets taken down.
Contact the Other Party
If you know the person you suspect of IP theft, you should try to negotiate with them in a non-hostile way to try to reach an agreement. It’s wise to be calm and willing to communicate, so that you don’t escalate tensions that can make the situation worse.
If they are not open to this idea, you can escalate the matter by consulting an IP theft lawyer.
Send a Cease and Desist Letter
Your lawyer will be able to send the other party a cease and desist letter to stop them from continuing the offensive behavior. By having this letter drafted by an experienced, professional lawyer, you’ll ensure it’s legally enforceable and accurate.
Attempt ADR (Alternative Dispute Resolution) Methods
Your IP theft case doesn’t have to go to court right away. You can save money and time by trying to reach a settlement via mediation and arbitration. These methods can also help you protect your business relationships, if that is a concern.
During mediation, you and the other party hire a third-party, neutral third person to facilitate constructive negotiations between you. They don’t deliver a final solution or tell you what to do. Instead, they let you and the other party come up with a solution that works for both of you.
Arbitration is more formal. You’ll hire a third-party, neutral arbitrator to listen to both parties’ evidence and then deliver a final, legally-binding resolution that both parties must follow.
If these methods don’t work, you’ll have to enter into litigation.
Take Legal Action
Your lawyer can help you take legal action against the person committing IP theft. They can file a suit against the other party for damages to get them to stop committing the violation. They will strive to protect your interests and help you seek relief from any damages, such as financial losses.
How Can a Lawyer Help You with IP Theft?
A lawyer can assist you through all stages of an IP theft dispute, not just litigation. They will:
- Review all contracts that apply to the dispute to check for any red flags or violations.
- Help you take legal action, such as sending cease and desist letters or filing a lawsuit.
- Guide you on the best ways to resolve the dispute, such as mediation or arbitration.
- Check if the infringement is valid, so you know how to proceed with protecting your rights.
How Can You Prevent IP Theft in Future?
You can avoid being a victim of IP theft and entering into a dispute in future by following these tips:
Register Your IP Content
You should file all trademarks, copyrights, and patents with copyright offices in your location before you start selling your products or services in the market. Make sure you renew all your trademarks so that you don’t lose content protection.
Draft Clear Documents
When working with others, get a lawyer to draft all agreements so that they are clear, legally enforceable, and have specific IP clauses. These will prevent misunderstandings over ownership.
Scan Your IP Content
You should regularly check what’s happening in your market, such as if there’s a product that seems a little too similar to yours. You can set up Google Alerts to spot these as soon as they happen, preventing infringement cases from occurring.
Do you need an IP theft lawyer?
On ContractsCounsel, you can connect with a vetted, skilled IP theft lawyer who will help you minimize your risks, prioritize your interests, and select the best dispute-resolution method to protect your brand and business reputation.
