International Intellectual Property Legal Blog

What to include in a nondisclosure agreement

When you own and operate your own business, making smart hiring decisions is arguably just as important as protecting your business’s trade secrets. In fact, both efforts go hand-in-hand, because the people you hire to represent you are the same ones you must entrust with the ideas, formulas and other elements of your business that give you a leg up on the competition. At Bilicki Law, we recognize that drafting a strong nondisclosure agreement is your first line of defense against trade secret litigation, and we have helped many people navigate this and other issues relating to protecting intellectual property.

According to Forbes, having a solid nondisclosure agreement in place is important anytime you plan to grant employees access to proprietary information about the inner-workings of your business. Such an agreement need not be long and unnecessarily complicated. Instead, the most effective and strongest nondisclosure agreements are often those that run only a few pages in length or less.

Addressing unfair competition

In the business world, dealing with competition is part of life. However, there are times when competition is not only challenging but unfair and illegal as well. If your business is struggling with unfair competition, it is pivotal for you to explore any legal options that may be in front of you and hold responsible a competitor that has violated your rights. There are many different ways in which businesses gain an unfair competitive advantage, from false advertising to imitation and spreading rumors. Regrettably, these deceptive business practices can have serious implications and have led to significant losses in many instances.

If you suspect that unfair competition has adversely impacted your business, it is very important to stand up for your rights as a business owner. Some business owners may not realize the options they have, or feel as if going to court would be too difficult due to business-related stressors that already wreak havoc on a daily basis. However, our law office firmly believes that businesses which use these tactics should be held accountable for the damage they have caused.

Addressing patent infringement involving chemicals

The rights of business owners are violated in all sorts of ways, and infringement is a serious problem. Unfortunately, infringement takes on many forms and can impact companies across a variety of industries. When people think of infringement, they may envision motion pictures, trademark issues or computer code. However, it is essential to realize some of the other ways in which infringement occurs. For example, infringement may involve chemicals, such as the misuse of an innovative chemical product. If your business is struggling with patent infringement, it is crucial to look into potential legal solutions as soon as possible.

There are many different ways in which patent infringement involving chemicals may transpire. For example, perhaps a pharmaceutical company has come out with a new drug only to find that their hard work has been stolen. Or, perhaps a company has created an innovate chemical, such as a de-icing product, only to find that a competitor has taken advantage of their hard work. There are multiple industries and types of businesses which may have to watch out for patent infringement in this regard, and other types of infringement that could threaten the company as well.

False allegations of copyright infringement

Copyright infringement takes all sorts of forms, and this is particularly true in the digital era. Some people and businesses may unknowingly violate copyright law, while others may do so thinking that they will never be caught. Furthermore, some businesses are falsely accused of copyright infringement, which can happen for different reasons. For example, a competing business may want to tarnish the reputation of the company or there may be a major misunderstanding. Either way, these cases need to be handled appropriately since there is so much at stake.

If you run a business and have been accused of copyright infringement even though you believe that the charges are baseless, it is pivotal to go over the details of the alleged incident(s) very carefully. You should have a good understanding of all of the legal options that are available to you and do all you can to have the truth brought out in court if litigation is unavoidable. However, some business owners may be able to stay out of the courtroom by discussing the situation with those accusing them of this violation (even though this is not a good idea or even possible in some instances).

Dealing with multi-jurisdictional infringement

Copyright infringement can be incredibly challenging no matter the circumstances, but some cases can be very hard to work through. For example, multi-jurisdictional infringement can present a number of hurdles and if you are dealing with a case like this, it is imperative to take the right approach. The laws can vary from one jurisdiction to another and there are other potential hurdles to work through, including differences with respect to laws in one country to the next and even the distance of one jurisdiction to another. It is very important to carefully handle these types of cases and understand what may be at stake.

First, business owners may have a hard time when it comes to making sense of the laws in another jurisdiction. After all, someone who is already tied down with work and day-to-day commitments may not be able to devote much time to reviewing legal matters in another jurisdiction. If this is something you are struggling with, it may be helpful to consult with a legal professional who knows the ins and outs of these matters. Depending on the outcome of your case, your business could be impacted significantly.

What to know about registering a trademark

Coming up with a trademark for your company may seem like the biggest hurdle in trademark registration. While picking a unique mark that identifies your brand clearly is not easy, but it is just one step in the trademark process.

After selecting a mark, you must apply for trademark protection, get approved and protect your trademark. Here is what you need to know about registering a trademark.

What is the purpose of an inter partes review (IPR)?

Inter partes review is a trial-like process before the Patent Trial and Appeal Board (PTAB). The U.S. Patent and Trademark Office (USPTO) developed the process in 2011 to replace a string of less efficient processes for challenging patents. A person or company who wants to patent an invention files a patent application, wherein they make claims about the invention and why it should receive a patent. IPR allows a third party (not the patent owner) to challenge the patent claim before the PTAB. The purpose for the petitioner is to show that the claimed invention is unpatentable.

Swiftly taking action over copyright infringement

As a business owner, you likely have to deal with many different stressors as a result of the wrongdoing of others. Some of these hurdles may be resolved outside of the courtroom, which can be preferable in certain instances. Other situations, however, must be dealt with in court. For example, if you have noticed that your rights have been violated as a result of copyright infringement, you may not only be frustrated but it could be vital to take action and protect your company.

Many business owners across the globe have had to face these challenges and the way in which your business handles them could have a major impact on your company. Although you may feel too stressed out to deal with litigation (lost time, stress and legal costs), it is pivotal to do what must be done in order to hold accountable those who have infringed upon your rights. Unfortunately, copyright infringement can be very damaging and it is impossible to know the full extent of the damage in some cases.

Intellectual property theft from a global perspective

Whenever a business struggles with the theft of intellectual property, it can be tough. However, some companies are in especially difficult positions when it comes to IP theft, such as those which are struggling with international intellectual property theft. There are many different factors that can complicate things when it comes to dealing with IP theft on a global scale, such as language barriers, differing laws from one country to another and other challenges. However, it is pivotal for your business to handle any serious IP theft matters appropriately. After all, these incidents can have a significant impact on businesses.

For starters, it is important to go over the ins and outs of international trademark and patent laws, which can be tricky for someone who may lack familiarity with this area of law (let alone on a global scale). Some business owners have improved their circumstances by reaching out to a legal professional for guidance. Some people may also struggle to make sense of laws in another country, but it is crucial to evaluate the case from this standpoint and to go over all of the details surrounding the incident(s).

How can I avoid copyright infringement online?

If you’re a business owner, you probably rely on social media to stay connected with consumers. In this case, you may repost images or other materials you find online, whether they relate to some aspect of your company or are just intended to bring a smile to your followers. No matter the underlying reason, you could be accused of copyright infringement if the original creator of the content finds fault. Business News Daily recommends the following solutions in this case.

Attributing a source is not always enough

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