When talking about property, most people think that the term only refers to tangible assets. However, there is a kind of property that amounts to the intangible creations of human intellect. Such kind of property is intellectual property, and you have rights to them, as presented by the Legal Information Institute.
Intellectual property rights are a bundle of legal rights. They serve the goal of protecting the creations of the party that owns them. The term party refers to both organizations and individuals. There are two divisions to intellectual property, industrial property and copyright.
The industrial property category includes the following:
- Industrial designs
- Geographical indications
But copyright includes:
- Artistic works
- Architectural design
- Rights of performers, artists, producers, and broadcasters
You may want an intellectual property lawyer to protect your ideas and creations. When another entity uses your intellectual property without permission, it amounts to infringement. A Melbourne intellectual property lawyer can help you enforce your rights and claim monetary damages. The intellectual property lawyer at Bogin, Munns & Munns can help you or a loved one to recover monetary damages for infringement of your intellectual property rights. Call us at (407) 578-9696 for your free case evaluation today.
Your Intellectual Property Rights
You get intellectual property rights when you develop creations of your mind. Coming from your intellect, your creations carry high uniqueness. For that, you have exclusive rights over them for a specified period.
Protection of intellectual property rights allows the brand owner, innovator, copyright holder, and patent holder to enjoy their work and investment. Make no mistake. Such benefit and enjoyment do not mean a monopoly of the intellect. The patent holder has the right to enjoy the fortification of the moral and physical welfare resulting from the right holder’s effort. In many countries, there are four types of intellectual property recognized by law.
- Trade secrets
Per the Trademark Act of 1946, a trademark is a sign that personalizes the goods or services of a given enterprise. The unique sign is the distinguishing factor that sets you apart from your competitors. To have protection under the law, your trademark sign needs to display uniqueness and distinction. It should not be deceptive, immoral, or a copy of another entity’s sign.
From the U.S. Patent and Trademark Office, patents refer to the special right granted by law to an inventor. Such an exclusive right precludes others from commercially profiting from your patented invention. When other entities try to enjoy your patented invention without permission, it amounts to an infringement of your intellectual property rights. Patents only last for a specified period.
Trade Secrets and Non-Compete Agreements
Every company has one thing that sets them apart from their competitors. Trade secrets are any data of commercial significance. They concern production or sales operations, if they are not commonly known. If you are a trade secret owner, it is important you take all reasonable measures to ensure you maintain your confidentiality.
A Melbourne intellectual property lawyer can help you protect your trade secrets. They do this by using non-compete agreements. For example, if you own a company that makes synthetic hair using a special fabric unknown to your competitors, the special fabric is a trade secret. Thus, if one of your employees decides to leave your company to start the same line of business as yours, it is possible they may use your special fabric to profit.
Your attorney ensures that all your employees sign a non-compete agreement before leaving. The agreement helps in the protection of trade secrets and confidential information. The restrictive agreements bar competitive activities for some specified period. They start after resignation or termination as a condition of employment or continued employment. Courts can enforce non-compete agreements only if they meet the required five-fold criteria.
Courts enforce it if it is:
- Not harsh in curtailing the legitimate efforts of the employee to earn a living
- Reasonable from a public policy viewpoint
- Limited on period and territory
- Supported by valuable consideration
- Necessary to protect a valid business interest of the employer
To ensure the full confidentiality of your trade secrets, you may want an attorney to help you prove the five-fold criteria. Our legal team at Bogin, Munns & Munns has attorneys on standby ready to assess your situation. Call us at (407) 578-9696 for a consultation.
Benefits of Hiring Intellectual Property (IP) Lawyers
You or your party stands to benefit a lot by hiring intellectual property lawyers. They can provide legal advice. At the same time, they can handle disputes that arise from an infringement of your intellectual property rights.
A Melbourne intellectual property lawyer can help you by safeguarding your intellectual property from infringement. They do this by letting the public know of all your copyrights, trademark, and patents. Having the information in the public helps you to avoid infringement. When another entity tries to infringe upon your intellectual property, your attorney can help you seek legal action for a remedy.
Additionally, intellectual property lawyers help in drafting important agreements. Some of the agreements they draft include deeds, licensing agreements, and secret clauses. Your attorney helps you in determining the value of your intellectual property. You may also want someone that can help you in the interpretation of the intellectual property laws and regulations.
Call a Melbourne Intellectual Property Lawyer Today
Intellectual property is the pillar of many business owners. Various organizations and companies hire many lawyers to help with company matters. Hiring an intellectual property lawyer helps you to protect your trade secrets and your original creations. A Melbourne intellectual property lawyer at Bogin, Munns & Munns can help in protecting the interests of your company. To have an attorney review your case for free, fill out our business questionnaire, or call (407) 578-9696 today.