Intellectual property or IP refers to any intangible work, idea, or invention produced by the human intellect, to which one can claim specific rights and property, for which one can apply for copyright, patent, or trademark rights and protection. Intellectual property is usually not the first thing to come in an entrepreneur’s mind when, in fact, it should be one of the most looked after and protected elements in a company.
Intellectual properties come in different types, and here are some examples:
- articles
- images
- blog posts
- videos
- illustrations
- audio clips
- taglines
- slogans
- symbols
- inventions
- softwares and programs
- work processes
- case studies
These are only a few from the many other valued intellectual properties around the world. Nowadays, businesses of any kind view intellectual property as something highly valuable in their business. If anything, IPs are now seen as one of the most significant assets in a company. Despite its intangibility, intellectual properties can still guarantee an increased profit and greater success than any tangible asset can. That is why it’s crucial for organizations to register intellectual properties for rights, security, and protection to ensure that profit gained out of these ideas and creation are solely for the creator or the company alone.
Curious about how you can protect your most valuable assets? Here’s a guide on how to avoid patent infringement when promoting a brand:
What is a Patent?
The first actual step in securing and protecting intellectual property is first to determine what type of intellectual property it actually is. With that, here are three of the most common and significant types of intellectual properties:
Copyright – from the name itself, copyright is a right or protection granted to the creator of any literary piece that involves writing, sketching, graphic designing, etc. More specific examples of works which you can apply for copyright include blog posts or articles, softwares, programs, architectural drawings, models, and a lot more.
Trademark – meanwhile, trademarks are rights or protection granted on a word or a group of words, logos, designs, or symbols that the creator has produced for commercial purposes. Usually, the tiny ™ symbol at the end of any intellectual property means that this specific IP is considered as a trademark, which possesses legal protection. On the other hand, the ® symbol indicates that a particular brand or trademark has been registered as authentic.
Patent – lastly, and the star of this article, are patent rights. A patent is a right or protection granted on an even more intangible concept, which could either be an idea or an invention. This right or protection is given to the creator in exchange for the piece’s public exposure, viewing, or utilization. Still, before being granted patent rights and protection, the idea or invention must first pass all three of the criteria laid out.
How to Avoid Patent Infringement
Now that you have identified each type of intellectual property, it’s time to get further into detail about how you can avoid patent infringement when promoting a brand.
Unfortunately, avoiding infringement of intellectual properties is never easy, especially today. Just by looking at how technology has evolved over the years, you can already tell how it becomes so easy for hackers to get through your system and steal your IPs. On another note, many businesspeople today also run the risk of violating intellectual property rights limits, one way or the other. With that, it’s highly necessary to consider thorough decision-making when it comes to either producing your brand’s elements or hiring an “outsider” to do it for you because surprise, surprise, hiring someone to do it for you doesn’t automatically make you the owner of a specific brand, logo, or invention unless you tell them otherwise.
Plan, Research, and Prepare
Before you commence any product or brand promotion, make sure that you’re taking all the time you need to research every related patent and copyright so that you could make sure that your idea isn’t an existing IP protected by someone else’s copyright or patent. Research and planning are two of the most important things to consider when trying to promote your brand, products, or services as this is where you get to discover the basics or fundamentals of marketing and promotion, as well as avoid conflicts like patent infringement.
Never Skip the Terms and Conditions
Here’s the thing, people often neglect the importance of terms and conditions. Most, if not all, the time, people tend to scroll all the way down and automatically click “I agree.”
However, if you want to promote a brand, your company, its products, or services, you should never skip that part. Ever. Even if you don’t have all the time in the world to read all of it, you can still try to skim a few parts of it by downloading a printable copy and browsing through it during your spare time. In turn, you’ll gain more knowledge about copyright and patent rights and protection. Should you have any questions in the future, you can always look back and reference the terms and conditions page.
Consult a Lawyer
If, after all these things, you’re still unsure of whether or not you’re infringing on a patent or copyright, then, by all means, consult and discuss all these things with a lawyer. Experienced lawyers all over the world can help you arrange documents and settle conflicts, should there be any. A patent attorney in the Philippines might just be the perfect option to help you avoid patent infringement, and even register your intellectual properties under specified rights and protection. Trust me, you can never go wrong with a lawyer.
Wrapping Up
Intellectual properties are a product of the human intellect. If anything, these are products of hard work. What harm could there be if companies start registering IPs for legal rights and protection, right? After all, these are your most significant assets, so might as well give credit where credit is due. In the same way, no one would ever want to [accidentally] infringe on a patent or copyright. That’s why it’s important to take precaution first before commencing any activity, just to make sure that what you’re about to promote, market, or sell, is 100% authentic.
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