Intellectual Property Law: 5 Imperative Things Startups Need to Know

BlogCopyrightIntellectual Property RightsPatentTrademark    October 4, 2019
Intellectual Property Posted On

Intellectual Property (IP) appears to be one of the most valuable assets for almost every startup. That’s why many startups put the Intellectual Property Protection on top of their priorities. In addition to protecting products and services, these protections can influence the owners’ confidence and fundraising efforts. In other words, IP protection bestows businesses and entrepreneurs with a tremendous sense of confidence and passion to not only succeed but also become a leader in the relevant area.

Like other entrepreneurs and businesses, you must also want to achieve long-term success and secure your valuable ideas, products, or more under IP protection. Well, if it is true, then there is a need to familiarize yourself with some significant components of Intellectual Property Law.

Top 5 Things Startups Need to Know About IP Law

  1. Types of Intellectual Property Rights (IPRs)

In the IP industry, there are many types of IPRs. Each of these rights safeguards a specific category of assets. In general, IPRs fall under four categories named as patents, trademarks, trade secrets, and copyrights. Patents empower the original inventor to prevent others from copying, making, or selling his invention. Copyrights provide the exclusive rights to protect original works of authorship such as literature, images, or software. Trademarks secure the unique words, symbols, and designs that distinguish your brand from others. Trade secrets come into action when you hold any special “secret” manufacturing method that gives your startup a competitive advantage in the marketplace.

  1. Procedure to Sell Intellectual Property

Many businesses buy startups by considering the IP that they possess, but unfortunately, when it comes to selling of startups, it is common to face issues revolving around the rightful ownership of main IP assets. If this happens, you may find yourself receiving remarkably lower valuation as compared to what you truly deserve. Hence, if you choose to sell your startup, it is crucial to be meticulous and always partner with an experienced IP Lawyer before signing any dotted line.

  1. Requirements to Address IP Disagreements

Today, federal courts of almost every nation have exclusive jurisdictions over Patent Protection, Copyright Infringement, and several other matters. Depending on the extent of the infringement, startups can receive monetary compensation. Therefore, if your IP has been stolen or used without your consent, the foremost step is to contact the offender through a cease and desist letter. The letter must address: what the offender is infringing upon, the protections in place, the severity of the infringement, the remedial actions that the infringer should take, and the legal measures to be taken if he/she fails to comply.

  1. International IP Protections

Before expanding your professional wings into international markets, you must get familiar with the unique Patent, Trade Secret, and Trademark Laws in foreign countries. Nearly every nation has its IP laws related to how to apply for a trademark, Patent Application Processes, Brand Name Registration, etc. For instance, China works on ‘first-to-file’ law, which means that the Chinese government never bothers about who created the product first; instead, it considers who filed the Trademark Application first. For this reason, it is imperative to comprehend the country-specific laws at the beginning of the process, whether you are looking for International Trademark, Copyright Registration, or anything else. It will help you in executing and accomplishing the IP protection without incurring an increase in cost and complexity during the process.

  1. Legal Counsel

If you are planning to come up with a startup, don’t forget that the market is full of several established businesses that can interrupt your way towards success. It means you need to proceed with robust IP protection that can ensure the smooth and fruitful growth of your business. While looking for the protection of your valuable IP assets, it is of paramount importance to have experienced legal counsel on your side. An adept IP attorney will help you in many ways. It can aid you in filing an International Trademark, Patent Search, Application Process, and more without making any mistake. Furthermore, a proficient IP lawyer can assist you in identifying ‘gray areas’ that could potentially attract lawsuits, government inquiries, etc. Undoubtedly, for many startups, the cost of hiring legal representatives is a considerable barrier. The present IP industry is available with several programs to alleviate some of these expenses and thus, make it easy for the startups to secure their unique invention, product, and more even with a limited budget.  So if you are also not having a sufficient budget to hire an attorney, it will be better to choose these programs rather than being worried.

Stay Ahead

Are you striving to get the precise intellectual property protections in place? Note that you are not alone! Almost every startup, already established businesses, and even large organizations are on the same track. For this reason, it is always recommended to stay ahead of others by making quick decisions, which is possible if you stay up-to-date with the trends, aspects, and requirements of the IP industry. Remember that the delay of even a single minute in regards to your IP protection can push you behind your competitors and in the well full of legal issues. For more visit: 

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