Avoiding IP Infringement: 5 Things All Business Owners Need to Know
Intellectual property infringement, or IP infringement, describes a violation of an intellectual property right, such as a copyright, patent, design, or trademark.
With so many similar products on the market and ambiguous patent laws, many business owners find it challenging to avoid IP infringements. However, ignorance is generally not enough to prevent IP infringement lawsuits.
If you want to be in the best position to avoid IP infringement, here are a few important actions your business can take:
Hire a Lawyer
Hiring a business lawyer specializing in intellectual property law is one of the best actions you can take to protect your business, prevent IP infringement lawsuits, and help with infringement matters. Whether you’ve encountered an IP infringement issue or want to ensure you’ll avoid one, their legal expertise can be invaluable.
You also don’t have to wait until problems arise before contacting an IP law expert. They can be a helpful source of information for all intellectual property law-related matters.
Know What Infringement Looks Like
Some business owners find themselves in hot water with IP infringements purely due to a lack of knowledge. If you don’t know what defines IP infringement, there’s a chance you might make an expensive mistake.
Familiarize yourself with the various IP infringements to be better positioned to avoid them, such as:
- Copyright infringements
- Trademark infringements
- Counterfeiting
- Patent infringement
- Rights of publicity
Create Watertight Contracts
Problems with intellectual property rights can sometimes occur when you rely on outside businesses to help with creative and technical activities. For example, you might have enlisted the services of a graphic designer to come up with a logo or a writer to help with content creation.
You might assume you own the rights to their creations because you paid them. However, that’s not guaranteed. Some businesses can register their creations and sue for copyright infringement if you reproduce them without their consent.
You might be able to avoid such issues by devising contracts to transfer the rights to your business. Your chosen IP law expert can help with this process.
Do Your Due Diligence
You might have an amazing idea for a new business, product, or marketing strategy, but that doesn’t mean someone hasn’t thought of it before you. Even if you’re confident your incredible idea is innovative and unique, it pays to do your due diligence.
Business names, logos, and branding material can be trademarked. If you create something similar, you might be infringing on another business’s intellectual property. Even if your research sees you coming up empty-handed, consider hiring an IP lawyer to be confident in your decision to proceed with your new idea.
Establish Operating Procedures
It’s not uncommon for companies to hire employees previously employed by their competition. Sometimes, those employers leave with trade secrets they utilize in other businesses. Unbeknownst to you, those trade secrets can be an IP violation that severely impacts your business. It’s such a common problem that books have been written about trade secrets and the employment relationship.
To avoid such a situation, establish clear operating procedures for new employees. These can include written declarations from employees about not using IP property from another business. You might even put clauses in your offer letters and contracts.
IP infringements can be costly and even result in irreparable brand damage. The more you know about avoiding a violation, the easier it might be for you to launch a new brand or idea with no legal repercussions.
