Intellectual property (IP) refers to the products of the mind and it includes Copyrights, Trademarks, Patents, and Design. They are the result of one’s intellect and hence the name Intellectual property. It can be in the form of literary works, artistic works, words, marks, symbols, inventions or designs, etc. These are valuable properties because they involve a lot of work on the creative front and can be exploited commercially. These properties are extremely vulnerable to infringement i.e., illegal use of the property without permission of the owner and not compensating him for such use. Therefore, it is necessary to protect intellectual property from infringement by market villains.
How can you prevent infringement of your Intellectual property?
1. Seek Protection by applying for appropriate registration
In India, there are specific laws that provide for the registration of trademarks, patents, designs, copyright, etc. Registration is a way of making your rights known to everyone. Though one can use their creation without registration, it is essential to have a legal claim over it. The Controller General of Patents, Designs, and Trademarks heads the intellectual property office in India. The official website provides for the process of registration of trademarks, designs, and patents. The portal also provides the status of the application at each stage. In the case of copyright, it is essential to publish your work and registration supplements your legal claims.
2. International Registration
If you plan to market your invention in foreign countries then it is suggested that you register your invention through an international application. India is a member state of many conventions, treaties, and international agreements. Therefore, it is easier to secure the protection of the invention in multiple countries through a single application.
3. Maintain confidentiality
Not all kinds of information or creation or invention can qualify for protection under IP laws but, at the same time, these remain to be extremely valuable information for business entities. In such cases, the best possible practice is to keep such information confidential and limit the number of people with whom the information is shared. Whenever confidential information is passed on to someone ensure that you enter into a non-disclosure agreement with that person. The reason is due to advancements in technology relating to data transfer and also due to the frequent switching of jobs by employees, the Employees carry along with them confidential information and they may leak confidential data to rival companies or may set up their own businesses taking leverage of such information.
4. Good Marketing
Once you register your intellectual property, come up with a good marketing plan to create awareness among the public regarding your products. This will educate them to identify your product from that of competitors. The purpose is to prevent people from falling prey to deceptive products. A good marketing plan is one that makes consumers draw a connection between the products and their source (owner of IP). But steps should also be taken to ensure that it doesn’t lead to excessive marketing and thereby dilute the marks to an extent where it ends up being a general term used in the industry. The trick is to strike an equilibrium.
5. Be vigilant
Make it a habit to monitor the market in which the business operates. It is the duty of the owner of intellectual property to take efforts to check the activities of the competing business entities.
a) Observe the marks, symbols, and designs of the rival companies on their products.
b) As discussed earlier, prevent your mark from getting diluted i.e., ensure it doesn’t end up becoming a general term in the industry. Example: Xerox
c) Investigate inventions that appear to be similar to yours.
d) Set up search alerts when words or marks similar to that yours are mentioned online. Example: Hash tag used on social media.
e) Hire the services of a firm that does the monitoring work for you.
6. Pursue legal recourse in case of infringement
Law only protects those who realize their rights and don’t sleep over it. In case your IP is infringed then take the following steps –
1. Notice – Send a legal notice to the infringer asking him to stop using the mark or symbol or design or any other IP which rightfully belongs to you.
2. Injunction – File an application for an injunction in court to seek relief from infringement.
3. Suit – The affected owner can institute a civil suit against the infringer seeking damages caused due to the illegal use of IP.
How can Intepat help you?
Intepat has one of the best techno-legal teams in India for intellectual property services. We provide services related to Patent Search Services, Patent Prosecution Services, Trademark Services, Industrial Design Services, and Copyright Services. We will guide you through every stage of registration from the time of application till the grant of registration.
