There are a number of things you can do to protect your intellectual property (IP), from using a registered trademark to filing a patent. However, the best way to protect your IP may vary depending on the type of IP you have.
Copyright
If you have created writing and literary works, art, photography, films, TV, music, web content or sound recordings you will need copyright protection. In the UK this is automatic and you should display the © symbol next to your work to denote this protection. If someone copies your work without your permission this is an infringement of your rights. You would need to evidence that the original work was yours. You could email it to yourself which would show the date and time or post it to yourself if your post office still date stamps the letters.
Plagiarism has long been a problem online. You might want to take a look at new software now available to detect any attempt at plagiarising your work. Such software, like Harvel, de-indexes the domain names with pirated content on Google and deals with the admin related to taking the plagarised sites down.
Design rights
Design is also an automatic protection in the UK and would protect the shape and configuration of a 3D object. Like copyright you would need evidence that you created the design with, for example, signed and dated design drawings.
Trademarks
Trademarks and patents need to be applied for. You might trademark, for instance, product names and logos. You would need to pay a fee to do this via the Intellectual Property Office (IPO). Before registration you can display ™ next to your brand to indicate your intention to trademark.
Why register a trademark?
Registration of a trademark provides several advantages, including:
- nationwide notice of the trademark owner’s claim;
- a legal presumption of ownership and exclusive rights to use the mark;
- the ability to bring a trademark infringement lawsuit in court;
- Once registered you can display the ® symbol to indicate the brand is registered.
In the US it’s a similar process. You need to register your mark with the USPTO. The USPTO will review the application and, if it is complete, will publish it for opposition. If no one opposes the application, the USPTO will issue a registration certificate.
This will give you nationwide protection and prevent others from using a similar mark. You can also use the ® symbol to indicate that your trademark is registered. The trademark will also give you the ability to file a trademark application with U.S. Customs and Border Protection to stop the importation of goods that infringe on the trademark.
Patents
If you have invented a product such as a machine, tools or medicines you might need a patent. The cost of getting a patent can be prohibitive for some business so make sure you do your research beforehand. You need to be sure the item you are seeking a patent for is patentable, not similar to something that already exists, patented or otherwise and worth it when you calculate the cost of getting the patent in the first place along with renewal fees.
In the US, like the UK and many other countries, it’s important to file a patent application as soon as you come up with your invention. This will give you a priority date, which is important if someone else tries to file a patent for the same invention. You can also file a provisional patent application to get started on the process.
Conclusion
There a few things you can do to help protect your intellectual property such as always using a copyright symbol © to mark your work. You should be aware of what you post online and who you share your work with. Consider ways to evidence your ownership of your IP and how to detect infringement of your rights. Software such as Harvel is new and powered by AI. In time a wider range of software solutions to copyright infringements will become available.
Use trademarks to protect your brand. It can take a lot of time and money to build a brand so you don’t want someone else using it without your permission. Whatever you invent or create its is due to your talent, hardwork and efforts. Protecting your intellectual property is a priority if you want to keep others from stealing your ideas.