Whether you are an entrepreneur, author, artist or inventor, it is important that you understand the steps to maximize your intellectual property protection. Here are some strategies you can use to do so.
The first step is to register your intellectual property. This will give you legal title, which third parties will have to reject if they consider it invalid. For example, it is easier to defend a chair model on the basis of a registered design than on the basis of a copyright that will be more difficult to date and prove!
Depending on the type of intellectual property you are trying to protect, you should contact the appropriate office. For example: the INPI to register a French trademark, the EUIPO for a European Union trademark.
Another important step is to get the right contracts to protect your intellectual property. For example, you want to register a trademark with a logo and hire a graphic designer to create the logo. You cannot legally register the trademark once the logo has been created; you must first ensure that the copyright on the logo has been assigned, in compliance with the rules set out in the Intellectual Property Code.
Some contracts may also include a non-disclosure clause (NDA agreements), which will protect your ideas from being disclosed to others without your permission. Protecting your rights also deters potential transgressors, as they will know that you are serious about protecting your property.
Finally, you should familiarize yourself with the applicable laws: limitation periods, requirements to ensure that a trademark or design is valid, etc.
By following these strategies, you can maximize your protection against the unlawful use of your intellectual property. It is also important to consult with an intellectual property attorney or consultant who can advise you on what steps to take to protect your property.
For further information, do not hesitate to contact us:
We offer our clients a dedicated and unique experience of expertise that is necessary for the exploitation of intangible assets. We will also endeavor to keep you informed and up-to-date about intellectual property and digital economic issues through our articles and newsletters written by the Dreyfus Legal Team.