Intellectual Property

Protect Your Business' Intellectual Property

Intellectual property isn't tangible. Although it's not typically something that you can hold in your hands, it belongs to your business just the same. It's as real as any piece of equipment. A variety of laws protect it against theft by other businesses or individuals.

Trademarks Protect Your Identity

Intellectual property includes the images, words, or sounds that distinguish your business from others in the marketplace. For example, the words "Big Brown" belong to UPS. When you hear that phrase, you make an automatic connection to that company. If your business logo is the name of your company inside a distinctive image of a starburst, this is intellectual property. You can protect it under trademark law. At the same time, you must be careful not to accidentally copy the trademark of another business. One way to ensure this is to make your trademark as unique as possible.

Copyrights Protect Your Creations

Copyright law protects artwork, music, and words. These things are also intellectual property when your business, or someone who works for your business, creates them. Examples include a jingle you create to use in radio advertisements, or an informative article posted on your business's website. If you copyright these things, no other business can use them without your permission. However, make sure you own them legally. If you pay an independent contractor to create the jingle or the article, it's typically not your intellectual property unless the contractor assigns the rights to you or your business.

Patents Protect Inventions

Patents protect your ideas for new products or processes. Getting a patent can be expensive and time-consuming. If you're sure that your idea is unique, that it will work, and that it's saleable, it might be worth the time and money to seek a patent. In the meantime, safeguard any tangible plans or notes by placing them in a safe deposit box or some other secure location. If someone makes use of your plans before you patent your idea, the law can no longer protect you.

Trade Secrets Are Protected

When the success of your business depends on certain information, this information is intellectual property. A famous example is the formula for Coca Cola. The formula sets it apart from other similar soft drinks. Client and potential client contact lists can also be intellectual property. Trade secret laws protect this type of information from theft, but you should also take your own steps to safeguard it. Any employees, associates or subcontractors with access to your trade secret should be required to sign non-disclosure or confidentiality agreements with your business.

A Business or Intellectual Property Lawyer Can Help

The law surrounding protection of intellectual property is complicated. Plus, the facts of each case are unique. This article provides a brief, general introduction to the topic. For more detailed, specific information, please contact a business or intellectual property lawyer.

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This article was verified by:
Doron F. Eghbali | April 16, 2015
9701 Wilshire Boulevard, Suite 1000
Beverly Hills,CA
(310) 651-3065 View Profile
This article was verified by:
Barry Jay Reiss | June 12, 2015

New York,NY
(631) 261-4719 View Profile
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