How To Avoid Infringing on IP Rights

If you’ve followed along from some of our other articles, you’ll no doubt have become quite familiar with how to protect your IP. However, something many of us don’t always consider is just how easy it can be to infringe on someone else’s intellectual property.

Whether you inadvertently infringe or not, IP infringement is a serious offence.

With intellectual property violations happening all over the world, every minute of every day, how do you make sure that you remain on the right side of the law?

At Guardian IP, we’re here to simplify IP rights. We support you to protect your IP as well as also guiding you through how to avoid infringing on another’s IP.

Why It Matters

Intellectual property rights are complex. While there are no doubt instances where individuals were genuinely unaware of their infringing conduct, the fact remains that ignorance won’t save you from facing potential legal action.

Facing accusations of intellectual property theft is stressful, costly and can be damaging to your business and brand. The good news? IP theft is easily avoided.

With some simple checks and expert advice you can avoid IP rights violations and ensure your idea, product or invention stands out for all the right reasons.

Failure to properly check that you are not engaging in infringing conduct and use of protected content could lead a business or individual to seek compensation from you. It is their legal right to do so.

The threat of paying damages is a major impetus behind why you should always check you are not infringing on someone else’s IP rights.

IP Infringement Violations

Some IP infringements may seem quite obvious, such as those relating to patents, trademark infringement or copyright infringement. What you may not realise is how easy it is to infringe!

Even the use of an image or motivational quote can be considered an infringement if the appropriate credit is not included or licensing agreement conditions are met. Even the use of a colour or specific style of text can be copyrighted such as in the case of Cadbury Chocolate, so you should always proceed with caution.

Have a green thumb and enjoy developing new plant varieties? Under plant breeder's rights, this is also intellectual property IP. To avoid successful infringement action from a third party you'll need to follow the same steps as any other inventor or creator.

Performing due diligence with appropriate checks and seeking professional advice regarding your legal obligations before you launch a new idea or product is essential.

IP Infringement Categories

Before you get too far into developing your idea we recommend determining if it is already protected under intellectual property law. Also known as intangible assets these laws include:

Patents

A patent gives exclusive rights over the ownership of a new invention, product or process - in short patents protect inventions.

A patent owner has full legal rights over the invention and can prohibit anyone else from manufacturing, selling or using it.

You can check patent applications through several channels, though a patent search can be costly and time-consuming. A patent attorney is best positioned to run these checks for you and ensure you do not engage in patent infringement.

Not only can they review whether any part of your idea infringes on someone else's IP rights but can support you to process a patent for your idea as required.

Trade Marks

Designed to make your business, goods and services easily distinguishable, a trade mark acts as a form of brand protection.

Most often logos or designs utilised as a part of a brand's identity are considered protected trademarks. Domain names can also be classed as a trade mark.

The Australian Trade Mark Register makes it easy to check existing trademarks. The trade mark register should be used with caution and should not considered a substitute for advice from a qualified trade mark attorney.

Copyrights

Copyright is most often linked with protecting the legal rights of those in creative fields. This includes books, musical compositions, photography, videography, technology such as programming and more.

A copyright owner does not have to apply for copyright as this is an automatic protection given to the creator under the Australian Copyright Act 1968. This makes reviewing possible violations a little more challenging and is again why we highly recommend professional advice.

Trade Secrets

A trade secret violation covers the sharing of a method, formula device or process unique to someone's business. An example of this would be the heavily guarded secret recipe behind Coca-Cola or KFC.

Worked in an industry that has trade secrets? You will likely find your employment agreement included non-disclosure agreements that prohibit you from utilising any aspect of this to create your own enterprise or small business.

To understand what is accepted or legally prohibited under trade secret legislation you must seek out an attorney with expertise in this field.

While a quick look through search engines may flag possible IP infringements, ultimately you should seek advice from a qualified professional.

Engaged In Intellectual Property Infringement in Error?

We understand mistakes can happen. If you discover after the fact that you've infringed on someone's IP rights, the first thing to do is immediately stop the production or sale of the infringing products.

You may be served with an interim injunction as part of a court order related to the claim lodged by the IP owner. This court order refers to a request to pause all activity related to the claim until a resolution can be achieved.

Obtain Legal Advice

The next step is to obtain legal advice, this is necessary regardless of whether someone has threatened to commence legal action. Doing so helps to prepare you for handling any issues that arise due to the infringement and can also protect you against unwittingly engaging in further infringements.

It is important to note that not all instances of infringement will lead to legal action. Some may be successfully mediated (link to mediation article) out of court. In any case, as a business owner, legal help from an IP professional is highly recommended.

Being Accused of Intellectual Property Violations?

If someone is accusing you of IP theft, but you own the patent, copyright, trade mark or design registration, don't panic! At IP Guardian, we have seen many of these instances, often they are an empty threat and the person issuing the IP claim is wrongly seeking to be financially compensated.

Such threats do happen, yet however frustrating they can be it is a good example of why you should perform the appropriate checks and protect yourself. Both large and small businesses should be prepared to defend themselves against unjustified claims and deter infringers.

Guard Yourself With IP Guardian

At IP Guardian we are passionate about every aspect of intellectual property rights. We work closely with our clients to develop measures that deter misuse of their IP and ensure they do not engage in unauthorized use of someone else's IP.

With decades of industry experience, our dedicated trade mark and patent attorneys have the in-depth knowledge you need to avoid IP disputes. Known for our personalised service our team of IP lawyers cater to businesses of all sizes in Sydney, Brisbane, Melbourne and the Gold Coast.

Protect and maximise the value of your innovation and avoid costly mistakes, contact IP Guardian today on 02 9071 0130.

Book a Consultation With an IP Attorney

Free Consultation

Barry Meskin

Registered Patent and Trade Mark Attorney with significant experience obtaining all forms of registered intellectual property. I hold a Bachelor of Science in Engineering, a Masters of Business Administration and a Masters of Intellectual Property. I’m passionate about showing my clients how they can protect their brands through trademark registrations.