There are various types of law, and legal professionals specialize in different areas per their interests. For example, some attorneys like going into family law; some specialize in personal injuries, while others prefer protecting intellectual property.
If you have recently found yourself in an intellectual property dispute and feel you need help to retain your rights over the material you created, then an intellectual property lawyer can help you. Not many people realize it, but intellectual property lawyers are there to help you if anyone tries to steal your material or inventions.
So, hiring them to settle an intellectual property dispute would be ideal. But if you need more convincing regarding how they can help, then worry no more. We are digging deeper into intellectual property theft below, giving you all the necessary information.
What Is an Intellectual Property Lawyer?
An intellectual property lawyer or an IP attorney practices intellectual property law to ensure individuals and companies who create inventions and materials have ownership rights over their created properties.
There are six different areas that cover
Copyright Law – Creative writers or authors who create content need copyright to protect the material they create. This can include musicians, authors, photographers, and artists. They hire IP lawyers to protect their creations.
Patent Law – Every technological company or any scientist who invents or develops the latest technology, computer programs, inventions, and various industrial processes uses patent law to protect ownership of such inventions. It allows them to write documents or negotiate deals involving patents.
Licensing – Acquiring a license helps another individual use the created material for their good and benefit without stealing the property of the original creator. For instance, if a movie producer would like to showcase a song by a musician in their movie, they will have to get a license for it, which the owner will permit them to use and make a profit from it.
With the help of license laws, IP attorneys can develop a mutual agreement that will state the negotiation between both parties.
Trademark Law – Trademark law protects company names, logos, and slogans. There are many trademark lawyers in the domain of intellectual property theft, and they help file documentation preserving the ownership rights of the company.
If need be, trademark lawyers help their clients file lawsuits in case of intellectual property infringement.
Unfair Competition – Competition laws exist to ensure maximum security for companies and consumers. They make companies liable for producing and selling goods fairly. A company lawyer will defend the customers and companies from any unnecessary competition if needed.
Trade Secret Law – Every company has its process or formula for developing certain goods and products. The trade secret law protects the company’s ownership of particular formulas and methods of production. This process requires intellectual property lawyers to work on and note down these processes.
What Does an Intellectual Property Lawyer Do?
There are various responsibilities associated with an intellectual property lawyer. Since IP attorneys aren’t very much known, it can be confusing regarding their responsibilities and what they aren’t.
To give you a better purview of what an IP lawyer does, we have listed a few points.
- They advise clients about their legal rights regarding intellectual properties.
- They represent the clients before a judge or a jury.
- They offer consultation to various clients and also offer suggestions when it comes to drawing up agreements regarding licenses and patent laws.
- They create and review essential legal documents, especially the ones concerning trademarks and patents.
- They also draft license and legal agreements on behalf of their clients.
- IP attorneys conduct legal research and fight court battles in an IP dispute.
- They collaborate with trademark and patent offices.
- They file lawsuits and negotiate legal settlements to get their clients a fair deal.
- They can also transfer ownership rights from one party to another.
Intellectual property lawyers offer sufficient assistance regarding intellectual property theft and ensure their clients aren’t left empty-handed. They are needed more than you know and work in various industries and fields, offering absolute protection to inventors and creators for their original and creative materials.
They also help solve intellectual property disputes. If you’re wondering how, then continue reading.
How Can an IP Lawyer Help You with Intellectual Property Disputes?
Every business owner or individual creating something of their own in the market and selling it in their name wants to retain their ownership as they should. But quite often, their intellectual property is stolen by an outside party which is unfair in more than one way.
It takes a lot of time and effort to develop a formula, paint a canvas, or even write a book, only for it to end up stolen. So, if you’re currently in the middle of an IP dispute and are wondering how an intellectual property attorney will help you, here’s what you must know.
- Have Knowledge About the Issue
The best part about having an IP lawyer solving your dispute is that you have someone experienced fighting the battle on your behalf. Intellectual property theft is complicated, and only people from a legal background will know all the nitty-gritty of it.
The lawyer you hire knows the ins and outs of intellectual property law, and they will know exactly what to do to win the dispute. They will also give you some informed advice regarding what to do and what not to do to retain your ownership of your property.
- Necessary Documentation and Legal Filing
Filing the copyright dispute and submitting all the legal documents may seem straightforward when it comes to intellectual property disputes, but they aren’t. One tiny error and your entire stance in the court can suffer.
You must follow various guidelines, and if you don’t have any prior experience with legal proceedings, you will never be able to file the petition timely the way you should. Your IP attorney can help you here. They will take care of all the essential documentation, draft necessary agreements and file the case in court on time.
IP or patent lawyers are very experienced in filing legal documentation in court. They know precisely how to make your case, and you must utilize their experience and expertise to your benefit.
- Saves You Time
If you’re an author or a business owner, then you have tons of responsibilities on your shoulder that you cannot take care of the legal proceedings on your own.
You need the help of someone who knows the legal system and can fight for the merits of your case on your behalf. Hiring an IP lawyer will help. They are experienced professionals who will have your best interest at heart.
Some people may find hiring an intellectual property lawyer a bit too expensive. But if you want to win your case or get the settlement you deserve if someone has stolen your creative property, then you must allocate the funds and get professional help.
- Send a Letter of Demand
After the lawyer has done all the necessary research and drafted every legal document needed to bring the case forward, they will send a letter of demand first to the person who has stolen your intellectual property.
In such cases, more often than not, people commit property rights infringement unknowingly. Sometimes, they can do a Facebook post that is precisely what you have created on your Instagram or post your pictures, posing them as their own without realizing it is someone’s intellectual property.
So, before you take the case to court, the lawyer will send them a letter of demand stating your entitlement to the property and why the infringer must stop infringement within a given period. In most cases, the infringer stops infringing the intellectual property, but if they don’t, the lawyer shall file the case in court.
- Legal Proceedings
Once the case is taken to court, the IP lawyer will collect all the essential evidence and prove that your rights as the property owner have been violated. It can be a long court case, but with the help of an expert lawyer, you will be able to settle it within a reasonable amount of time.
Depending on the severity of the case, your lawyer should be able to get you a worthy settlement from the defending party, or they can prove them at fault in court and win the case. It depends on your resources and the case’s complexity that will determine the results.
However, hiring an experienced IP attorney will undoubtedly make an impact.
Conclusion
Intellectual property theft and copyright infringement are more common than you know. You might not have known about it because it isn’t linked to your field, but people always fight these types of legal battles.
Having an expert and an experienced intellectual property lawyer on your side can make or break your case. They are great to hire during a dispute, but you should keep them on board so they protect your intellectual assets.
So, this is how they help with intellectual property disputes. As you have read, intellectual property theft requires insight and excellent research skills, so choosing an attorney to fight your case would be wise.
