What Is Intellectual Property Litigation?
Intellectual property is any creation of the mind including artistic works, product inventions, and scientific discoveries. The creators rights are protected on both a state and federal level, which means any intellectual property issues are taken up in both court systems.
Intellectual property is protected with patents, trademarks, and copyrights, all terms that we hear about often in the media. These terms denote to a specific company or individuals ownership of a product, writing, song, or discovery. Often these are defined under time limits, after which time they can be bought or freely used by different individuals without having to pay royalties.
I you obtain a patent, you are covering an invention or product design that you have created, in addition to the manufacturing of the product. Patent infringement arises when someone else who is unauthorized uses the design, or tries to manufacture and sell it for their own benefits.
Trademarks and Copyright
Intellectual property covered under trademarks include logos, images, words and names, or symbols. Copyrights cover written creations, music, or artistic creations. Unauthorized use of any of these can lead to intellectual property litigation. A good example of this is on the website Youtube; content creators are regulated to using royalty free music in their videos, and can be penalized if they attempt to use copyrighted music or video footage. While you can pay and artist to use their works, aside from that you would have to wait until the time frame runs out on the copyright to use it without issue; and that is assuming the rights aren’t then bought by someone else.
Other cases of intellectual property litigation can come from a variety of infringements mentions above. Pirated or “knock off” products sold for cheaper prices may be appealing to consumers, but to someone who’s idea is being stolen, it can warrant legal action. Issues can also arise from domain names, unfair competition, and trademark dilution, where a a logo or design is utilized in such a way that it diminishes the uniqueness of the design, and possible the standing of a company.
If you are worried about someone infringing on your creation, patent and trademark lawyers are experiences in handling cases involving intellectual property litigation. Don’t settle for less than you deserve if someone is taking advantage of something you created. You have rights to every patented or copyrighted creation, don’t hesitate to maintain your property rights.