If you have invented or improved upon a product, developed an original body of creative or mental work, or have come up with a better procedure or process, then you have the legal right to profit from exclusive ownership of your intellectual property by applying for a copyright, trademark, or patent. The common types of intellectual property and their protections include:
- Patent – the exclusive rights to an invention that has original technical information that lasts for a limited amount of time before requiring public disclosure
- Trademark – can be a logo, monogram, symbol, words, designs, name, phrases, etc. that is created to solely identify a product or company.
- Trade Secret – can be a device, formula, process, or a compilation of data/information that is used by a company or person to create a product, process, or other proprietary results.
- Copyright – the legal and exclusive ownership of intellectual or creative material such as film, paintings, poems, print, recording, software, performance, etc
Intellectual property is intangible, even though your ideas may be written down, they originated from the owner’s intellect. The government has established protections to prevent intelligent property (IP) from being stolen and others from unfairly profited by your original work. When you understand your rights to exclusive use of your IP, then you can confidently establish a business to generate profit through sales, or commercialize your IP through licensing and other avenues.
Proving Theft of Intellectual Property
If you believe your intellectual property rights have been infringed upon, it is crucial to quickly hire a legal professional that can enforce your IP rights and recoup any lost profits or business opportunities that have occurred. Proving intellectual property theft depends on which type of IP law has been violated:
- Proof that another entity is using a trademark that is very similar or the same as your own, and establish that you held the IP rights before the opposing parties.
- Prove that someone else’s work that is being reproduced, displayed, or distributed was derived from your exclusively held copyrighted work, and no consent had been granted by you, the IP owner for its use.
- If a patented product or idea is stolen, it amounts to fraud. In this case, it is imperative to prove you were the first to file for the patent, and therefore have exclusive rights for distribution or sale.
- If you have ownership of a trade secret, you have the right to present legal reasoning that prevents another party from using, profiting from, or disclosing secretive IP information, if a nondisclosure agreement has been signed.
Are You a Victim of Intellectual Property Theft?
If you believe your trademark, patented product, trade secret, or copyrighted information has been infringed upon, call Oaktree Law, serving individuals and businesses in Los Angeles and Orange County. Our team of legal representatives understands California and Federal laws pertaining to intellectual property.
Also, we know the full extent of the hard work and financial prospects that are lost and may not be recovered unless you fight for your intellectual property rights. Partner with our team to regain your sole personal and business right to profit from your ideas and inventions.