Protect your Trade Marks, ideas & designs

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Intellectual Property Protection

Do you need help with Intellectual Property Protection?

Intellectual Property Protection is more like a journey than an endpoint. There are a number of steps to take depending on the stage of development your Intellectual Property (IP) is in. These steps may differ depending on what your IP is.

Intellectual Property includes:

  • Copyright;
  • Trade Marks;
  • Plant Breeders Rights;
  • Patents; and
  • Designs.

How do you protect IP?

Intellectual Property Protection begins with your idea. You can protect inventions (through patents) but you cannot protect an idea.

It is a common misconception that copyright protects your idea, this is not true. Copyright protects the expression of an idea, that is the written words describing it or the image you draw of it, but it does not protect the idea itself. Typically, you protect an idea by keeping it to yourself or having someone sign a confidentiality agreement before you tell them about it.

As you develop your IP you need to make sure it is properly assigned to you. If not assigned to you then licensed to you appropriately. Intellectual Property Protection requires you to have some rights to the IP. More often than not this requires a legal document or registration. Far too often people invest millions in IP over many years only to find themselves in predicaments which now threaten their well-established business. When it comes to Intellectual Property Protection, a stitch in time saves nine.

Finally, when you have taken all steps to protect your IP you need to enforce that protection. Often this can be done with a letter of demand from a lawyer, other times it takes an order of the court. But it is usually a case of protect it or lose it.

How can we help with Intellectual Property Protection?

Depending on what you are protecting you may need one of a number of types of IP Lawyers.

What we can help with:

  • Drafting Confidentiality Agreements or Non-Disclosure Deeds to help protect the idea behind your IP.
  • Drafting agreements with the developers of your IP to ensure you own it. (IP like copyright can only be assigned in writing by the owner. This means you will need a written IP Assignment Deed).
  • Where you can’t own the IP, we can draft the right licence to help prevent it from ending up in the wrong hands.
  • Ensuring your employees, directors, founders and friends help you protect your IP.
  • Implementing business structures help with your Intellectual Property Protection. (It is common to have your valuable IP assets in one entity and your risky trading arm in another.)
  • Registering certain types of IP to ensure it is protected.
  • Preparing letters of demand to send to infringers of your IP.

There are certain things we cannot help you with either because we are not registered to do so or because we have chosen not to provide that service. Where we can’t help you we are happy to refer you to the right people who can.

Read more about Intellectual Property Assignment.

What we can’t help you with:

  • Registering patents, you need a patent attorney for that. It’s a specialised field.
  • IP litigation. We will do everything we can to help you with Intellectual Property Protection, right up to the point of taking people to court. We are not experts in the procedural law but we know people who are.
  • Complex trade mark issue, again there are people who deal in this area of administration law (not to dissimilar to court procedure) who can serve you better than us. Just ask and we can point you in the right direction.

(In case you were wondering if we receive a referral fee. The answer is no, never. We prioritise our client’s interests. Furthermore, if you have a good or bad experience with someone we refer you to, we want to hear about it. We strive to provide the highest quality referrals for our clients.)

We know tech.

Are you looking for an IT Lawyer that knows tech? Today almost every business is a technology business. Even if you are not on the cutting edge of innovation you are probably entering into business relationships with people who are. If you are not you should be. Helping businesses thrive and reducing transaction costs is at the very heart of any real IT Lawyer.

We know business.

Need a software development lawyer, with IT, business and accounting qualifications? One who spent over a decade running their own management consulting firm? The sort of commercial lawyer that can translate IT to business, business to law and law back to IT? Contact us today and speak to a multi-disciplinary commercial lawyer.

Do you need advice on Intellectual Property Protection?

Contact one of our IP lawyers today for an obligations free discussion.

Do you need help with Intellectual Property Protection?

Contact IT Lawyers Brisbane for an obligation free discussion about your needs.

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