Intellectual Property Protection
As the name suggests, Intellectual Property Protection protects your mental creations or ideas like inventions, writings, art, symbols, and pictures. You can secure your intellectual property rights by using legal tools like patents, trademarks, copyrights, and trade secrets. This stops others from taking or misusing your work, and lets you keep control over it. You can keep your hard work safe and secure by learning how to protect your intellectual property.
Types of Intellectual Property Protection
- Copyrights: The registration of the copyright will protect your wide range of artistic and literary works as a creator. It includes software programmes, musical recordings, literary works, motion pictures, photographs, artistic creations, etc.
- Trademark: Trademark registration can distinguish your goods or services as an enterprise from those of other enterprises for your Intellectual Property Protection. A trademark is anything that is used to distinguish a collection of items, commodities, and services as coming from the same owner or source, including names, words, signatures, texts, emblems, paintings, figures, inscriptions, photographs, and advertising.
- Patents: Inventions—things that are special and not readily known to the general public—as well as the processes by which they operate, are often registered using patents. To secure a patent and for your IPP, technical details regarding the invention must be made available to the public via a patent application.
Never Stop Innovating:
For your IPP, in the majority of sectors, plagiarism will be a cause of concern as similar or identical innovations will always find a place in the new innovations.
A company shall always have never-ending innovation cycles, so the competitors would never be able to catch up with the innovative cycles. That would need your company to operate quickly like an innovation company focusing more on R&D.
Arrange Some Evidence While innovating:
In Intellectual Property Protection, it frequently happens that competitors find out about an idea through leaks and apply for a patent claiming it as their own. As a result of it, you’ll now need to demonstrate that you are the legitimate owner.
This can be done by keeping a record of the evidence that shows how intellectual property rights have changed.
The technical teams of your business operations should be divided and shall work separately, if at all possible, and it should be made clear that none of them has access to the entire product information.
All of these teams will need to cooperate in order to loot the entire product in order to infringe on the product’s Intellectual property and its protection. A crucial information security paradigm that might help to secure intellectual property is the separation of obligations.
Get the intellectual Property Infringers Punished:
You should always ensure that you strive for your Intellectual Property Protection by always keeping your patent and trademarks secure, and defend your legal rights by reporting infringement and bringing legal action against offenders when necessary.
Avoid joint ownership for Intellectual Property Rights:
Try to get through the jointly owned intellectual property rights. The ability to use your rights is always in your best interest. Joint ownership of such rights over time may result in misunderstandings and legal problems that endanger the security of these assets, harming all parties concerned.
Create awareness among your employees regarding intellectual property security:
Intellectual property (IP) is frequently leaked by businesses due to error or ineptitude. Make sure the employees are aware of the ways they could mistakenly divulge IP.
If the Intellectual Property Protection’s awareness training is customized to the assets that a particular group of employees must safeguard, it will aid in resolving and preventing potential intellectual property violations.
When you discuss something that the employees have spent a lot of time working on in tangible terms and R&D, they pay careful attention. As is frequently the case, humans are the weakest link in the chain of protection and security.
Because of this, an Intellectual Property Protection approach that ignores staff training and preparedness and instead exclusively depends on firewalls and copyrights will be deemed to fail or secure your Intellectual property.
Get exactly matching domain names:
One of the finest IPP methods for trademarks and copyrights, if at all feasible, is an exact-match domain name (that you already own). Despite the occasional cost, the long-term benefits are unparalleled in the same domain names.
Think Like someone who would violate your IP Rights:
Always think about why that could endanger your Intellectual Property Protection, like ‘If you needed to spy on your own affairs, what would you do?
This will undoubtedly prompt you to think about contact list security, paper shredding in recycle bins, creating an internal council to review the R&D scientists’ publications and other such business-friendly measures.
Make sure the IP is owned in a way that allows further development:
For your Intellectual Property Protection, the intellectual property rights ought to be registered in a method that enables you to expand or change them as necessary.
When engaged as an employee/consultant or in any other manner, the contract of your engagement would almost certainly contain a provision discussing it if you discovered anything new.
Most of the time, the entity who has engaged you will likely receive first dibs on the innovation, but there may be clauses in place allowing you to regain rights if the invention is not used within a certain period of time.
Draft strong Non-disclosure agreements:
Sharing of confidential information cannot ensure IP Protection. It is also a great choice to enlist the aid of a legal representative when creating the non-disclosure legal clauses, which must be precise and explicit.
Always make sure that any additional contracts your business uses to safeguard its intellectual property do so. Contracts for services, licensing, and distribution are a few examples.
Consult intellectual property experts:
In order to ensure Intellectual Property Protection, which will add value to your company in the event that you want to transfer it, sell or license to a third party, or even maintain it in your legal arsenal in the event that you anticipate being sued and wish to file a counterclaim.
In such circumstances, you need to consult the Intellectual Property Experts for assistance with searches and to license to make sure that any intellectual property you develop is properly protected.
Publish it wherever possible and with attribution:
The best and safest approach for your Intellectual Property Protection is to publish your non-trade secret IP and to be the “first to apply” for a patent.
Aside from this, another typical method to guarantee that your intellectual property is acknowledged as being yours is to publish and quote it widely, always making sure to provide credit to your company’s name wherever it is published.
The more support your Intellectual property may receive, the more people will notice your intellectual property online.
Keep your idea a secret until you have filed a patent application:
In the interest of your Intellectual Property Protection, you never divulge your ideas to anyone before it has been secured and protected. This is due to the possibility that someone else may apply for a patent before you and so get ownership rights to it.
While discussing an invention under the protection of confidentiality is not a replacement for being able to freely discuss or publish an idea that is covered by a patent application, a secret shared under a non-disclosure agreement (NDA) ought to remain secret.
Create a comprehensive strategy:
Effective Intellectual Property Protection shall be done by making a plan that addresses all forms of intellectual property, such as domain names, ideas, trade secrets, and all innovations and technologies.
Enforcing security policies:
A data protection policy should outline which information needs to be protected, where it resides, who has access to it, and how it should be safeguarded.
It should also outline the proper methods for transporting and destroying private information, such as intellectual property, when it is no longer required. Classified documents are regularly compromised by insiders or disgruntled employees.
Thus, organizations should give strict adherence to protection procedures a high priority. The company’s Intellectual Property Protection regulations and processes, as well as the consequences of employees’ actions, should be explained to them in detail.
Protect your Intellectual Property with strong access control:
All ideas should be stored in a safe area that is guarded by an identity and access control system. It’s crucial to keep an intellectual property on a system that uses adaptive authentication with risk analysis having stronger access controls like authentications using different devices and servers.
Understand where your IP is and where it is going:
- Printers, copiers, and scanners- The papers handled by printers, copiers and scanners will be stored on larger endpoint computers, which are often connected to the network and remote-control systems, making them particularly vulnerable to IP hackers. As well as the appropriate cybersecurity technologies and network security measures to prevent unwanted entry, make sure you have the finest policies and processes in place to guarantee that all documents are deleted once they have been utilized.
- Third-Party sharing- As IP is frequently shared with partners, colleagues, or clients, it makes Tracking and securing it more difficult. Work with legal professionals to make sure that the terms of your agreements with third parties clearly state how your intellectual property will be safeguarded and that you have measures in place to ensure that they are upheld.
- File Sharing and Cloud-based software- For your IP Protection, you must always be aware of the programmes and tools that employees are using, whether they are company-managed or personal IT tools that they have downloaded, to prevent any unlawful cloud access. For increased security, make sure that any programmes that have been approved by the company are correctly installed, secured, and updated.
Keep it quiet and out of sight:
The Intellectual Property Protection methods of protecting the idea include patenting or copyrighting works and techniques, as well as aggressively defending them in court. Systems for digital rights management are employed in contemporary methods. Keeping information confidential and restricting disclosure of the trade secrets that constitute the IP, and devising the mechanism to keep them concealed, is a now relatively rare but still effective way to keep it out of sight.
Check out our other valuable resources on:
- Rules Governing Intellectual Property Rights under Indian law
- How to Register your startup in India
- POSH Policy
IPP protects mental creations or ideas like inventions, writings, art, symbols, and pictures. It ensures that others cannot take or misuse your work and lets you keep control over it.
IPP can be secured by using legal tools like patents, trademarks, copyrights, and trade secrets.
Copyrights protect a wide range of artistic and literary works created by the creator, including software programmes, musical recordings, literary works, motion pictures, photographs, artistic creations, etc.
A trademark is anything that is used to distinguish a collection of items, commodities, and services as coming from the same owner or source, including names, words, signatures, texts, emblems, paintings, figures, inscriptions, photographs, and advertising. Trademark registration can distinguish your goods or services as an enterprise from those of other enterprises for your IPP.
Companies can ensure their IPP by maintaining innovation cycles, arranging evidence while innovating, separating teams, getting infringers punished, avoiding joint ownership, creating awareness among employees, getting matching domain names, and ensuring IP is owned in such a way that further development is possible.