Protect your business: How to defend your intellectual property

By James Daniels

No organization of any size has the right to infringe on another business’s intellectual property. After all, the idea or innovation could be crucial to your company’s USP, revenue, and reputation.

To ensure another organization or individual doesn’t reap the rewards for your invention, read the below advice on how to defend your intellectual property.

Ask a company or individual to stop

Before you reach out to lawyers, you should first ask a company or individual to stop using your patent. For example, you could appoint a lawyer to send a cease and desist letter to halt using your work immediately.

The cease and desist order should include:

-Details of the work infringed

-The type of infringement (e.g. copyright, patent, etc.)

-The action they must take (stop using a trademark or remove your material from their website, etc.)

Be sure to organize all paperwork before contacting a competitor to prove you are the rightful owner. If they continue to infringe on your intellectual property, you might have no other choice but to take legal action against them.

Find the best legal representation

As your intellectual property will determine your company’s reputation and annual revenue, you must find the best legal representation for your case. The type of infringement will determine whether you file a criminal complaint, a civil case, or both. For instance, trademark, patent, and copyright infringement cases are often pursued in civil court.

It is a wise decision to hire a lawyer who specializes in intellectual property law, as they will have the knowledge and experience to help you win your case. What’s more, they will know the evidence you’ll need to gather to support your case and can estimate the damages your company could be entitled to receive from the defendant.

Hire an experienced court reporter

Unfortunately, some intellectual property rights are hard to prove, as evidence might not hold up in court. Thankfully, a court reporter can help artists, intellects, and inventors to provide as many theoretical details as possible, which can be presented as key facts to support a claim. For example, they can record interviews, meetings, telephone calls, and text messages that can serve as important evidence. Plus, they can transcribe a court proceeding, if required.

Organize your records

It’s critical to organize your records to effectively protect your intellectual property. For example, you should document how you or your company developed a product and how it is different from your competitors’ products or ideas. A judge will expect you to maintain various basic records about your products or ideas. If you can’t produce them in court, they could doubt your claim.

Tell a clear and consistent story

It is imperative to sit down with a lawyer to work on a clear and consistent theme. Presenting a story to the judge and jury that’s backed up by evidence could improve your credibility and help you win a case. If you are set to face a jury for an IP court battle, anticipate their reactions by hosting focus groups based on evidence and key points, which could help you to alter your case, if necessary.

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James Daniels is a freelance writer, business enthusiast, a bit of a tech buff, and an overall geek. He is also an avid reader, who can while away hours reading and knowing about the latest gadgets and tech, whilst offering views and opinions on these topics.

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