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December 22, 2024 11:57 AM

Of Law & Legal

Intellectual Property Rights Part II

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intel property
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Intellectual Property

Intellectual Property

We already know what Intellectual Property is and the major ways of safeguarding it in the legal system.

To continue where we left of, in this article we will take a look at what steps you, as an individual, can take to protect your own intellectual property rights and make sure you have legal backing. This can be done in a few simple ways, including but not limited to properly registering patents, copyrights, trademarks, products, and domain names, drafting proper documents like non-disclosure agreement and contracts before going through with a deal and if you are the other part, reading all the documents and terms thoroughly.

Let’s have a closer look at some steps –

Copyrights, Patents, And Trademarks

Copyrights, Patents, And Trademarks

Copyrights, Patents, And Trademarks

The best way to safeguard your intellectual property is by registering copyrights, patents, and trademarks properly. When you go through the proper procedure and on time, only then can the legal system take action in case of an infringement.

For the sake of clarity: A Copyright (©) gives the creator of an original work, which can be of literary or artistic nature, exclusive rights to it. To make use of the product then, one needs to get the copyright holder’s permission. In case someone does this without explicit consent, it’s the infringement of the copyright and thus may bear legal repercussions.

This holds true with infringement of Patents and Trademarks as well. Patents and Trademarks are registered by inventors and businesses respectively. If one sells a patented invention without permission, it’s patent infringement, and using the trademark of a company with the intention to deceive consumers is a punishable offense as well.

Contracts And Agreements

Contracts & Agreements

Contracts & Agreements

Aside from the illegal use of someone else’s creation as stated above, another way to encroach on one’s intellectual property can be a misuse of Trade Secrets. As we already know, trade secrets provide an advantage to the business and as such are of great importance. But it is always a possibility that they might get stolen or revealed to people outside. So to ensure that doesn’t happen, it’s better to draft a proper contract, stating all terms clearly, before going through a deal. Also, non-disclosure agreements are really useful as they are legally binding. There are other agreements besides this one too, including, Secrecy Agreement and Proprietary Information Agreement.

Thus, making sure to properly register and keep a track of all relevant documents while paying attention to legally binding agreements is the best way to make sure your intellectual property isn’t easily encroached upon or pirated. because actually creating something takes a lot of effort and hard work, its the creator/inventor/owner’s right to get due credit and profit.

 

Copyright tussle between ‘In The Name of God’ and ‘Laddoo’

Bhasha Dwivedi is an English literature student. She loves reading, anime, drama, and writing. She is also interested in cultural studies.

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