IP is short for intellectual property. Intellectual property laws govern the rights and usage of assets that are classified as intangible, or not physical.
Non-tangible intellectual property assets may include, but are not limited to:
- Copyrighted material, such as:
- plays;
- songs; and
- other works of art;
- Scientific data and engineering blueprints;
- Logos and trademarks; and
- Trade secrets, formulas, recipes, etc.
Intellectual property lawyers, or IP lawyers, help owners of intellectual property to ensure that their materials have protection in terms of their rights to use, sell, and own their property. In general, a non-owner cannot use intellectual property without the owner’s consent.
IP lawyers represent clients who are involved in disputes over the ownership or use of their intellectual property.
When Do You Need an Intellectual Property Lawyer?
An individual may need to hire an intellectual property lawyer if they have a legal dispute that involves intellectual property matters. An individual can hire an IP attorney if they need to register for a:
Intellectual property attorneys can perform many different tasks to assist individuals with their legal or case needs. IP attorneys typically hand very specific types of cases because intellectual property lawsuits typically involve a handful of main issues, including:
One other common issue that a patent lawyer will handle is patent infringement. Many intellectual property disputes may result in federal charges, especially cases that involve copyright or trademark infringement.
An individual may wish to hire an intellectual property lawyer in their area if they need assistance with an infringement lawsuit. A lawyer will be able to advise an individual regarding their legal options and how to proceed with a lawsuit, if necessary.
In addition, an individual can receive other valuable legal advice from their attorney as they represent their client throughout the process.
What is Intellectual Property Infringement?
Intellectual property laws indicate ownership of:
- Original works;
- Discoveries; and
- Inventions.
Using another individual’s intellectual property without their permission, as noted above, is called infringement. In some cases, using a similar version of an owner’s intellectual property also constitutes infringement.
Infringement is the most common type of intellectual property dispute. Infringement can apply to many categories of intellectual property, for example:
- Copyright infringement;
- Patent infringement; and
- Trademark infringement.
What Are the Penalties for Infringement?
When an individual’s intellectual property has been infringed, an owner can seek damages against the infringing party. A plaintiff may be awarded damages including:
- Lost profits;
- Punitive damages; and
- Statutory damages.
In addition, certain types of infringement may also cause a defendant to be ordered to pay criminal files or require the confiscation of all infringing goods.
Do I Always Need Permission to Use Someone Else’s Intellectual Property?
The public is entitled to use other individual’s intellectual property for:
- Research;
- Education; and
- News reporting.
In order to use another individual’s property, an individual must denote that the work is not their own. For example, a citation used in a paper or putting the photographer’s name on their photos to give proper recognition to the owner of the intellectual property.
Who Do IP Lawyers Represent?
An intellectual property dispute may arise in many different contexts. These types of cases may also involve many different parties.
An intellectual property attorney may represent:
- The owner of the intellectual property;
- The individual trying to use the intellectual property;
- Other parties, for example:
- Insurance agencies; and
- Advertising agencies, marketing agencies, or other agencies that have a role in the dispute;
- This is common in many trademark cases.
In addition, intellectual property lawyers often represent entire organizations or corporations. Intellectual property is one major aspect of most business operations.
An IP attorney may be hired to represent the business during a legal claim. Intellectual property lawyers also represent individuals who have intellectual property rights that are being infringed upon.
What Should I Look for in an Intellectual Property Lawyer?
When seeking an intellectual property lawyer, an individual should seek out a lawyer with experience in handling legal disputes that involve property rights related to different types of assets. This often involves infringement or unauthorized use of intellectual property.
One example of this issue arises when one party or entity uses another party or entity’s logo without permission. Some of the best intellectual property attorneys in the United States have experience with:
- Literary works;
- Songs;
- Other works of art;
- Scientific research data;
- Invention blueprints; and
- Other designs.
There are also intellectual property attorneys in the United States that handle cases involving trade secrets.
How Should I Prepare for My Consultation with an Intellectual Property Lawyer?
When an individual is preparing for their consultation with their intellectual property attorney, there are several issues they may want to consider, including:
- What type of claim they have: Some intellectual property lawyers focus only on one specific type of claim, for example, trademarks or patents;
- The situation: Be sure to explain the exact situation to the attorney. The more information te attorney has about the issue, the better they will be able to research the IP issue; and
- Use online matching services: Attorney-client matching services provided by LegalMatch.com can be a quick way for an individual to match themselves with an intellectual property lawyer near them.
It is important for an individual to be aware that intellectual property lawyers can be consulted even if an individual does not have a direct legal conflict. For example, an individual may choose to hire an intellectual property lawyer in the United States because it is complicated to register for a copyright.
When an individual is filing for copyright protections, it may be necessary for them to hire an intellectual property lawyer.
What Remedies can IP Lawyers Achieve?
An intellectual property lawyer can usually help their client obtain a damages award. This award may cover financial losses that were caused by the violation of the individual’s property rights.
For example, suppose the defendant used the plaintiff’s patent without their permission. If this unauthorized usage directly caused the plaintiff to suffer a financial loss, an intellectual property lawyer can assist in getting those losses back through a financial award that is issued as a result of the lawsuit.
The remedies involved in intellectual property disputes may include:
- Monetary damages to compensate the non-violating party for losses caused by infringement;
- Cease and desist orders, which are used frequently in cases where a trademark is being used without authorization; and
- Confiscation of the property that is being used to create the infringing products.
The remedies in a case will depend on the violation that has occurred. In certain cases, criminal charges may also be filed against an infringing party.
Should I Hire a Lawyer for Help with IP Issues?
As noted above, intellectual property laws govern many different types of property and may often involve complex legal ideas and concepts. It may be helpful to consult with an intellectual property lawyer if you need legal representation regarding your intellectual property assets.
Your attorney can provide you with legal advice as well as guidance to help ensure that your intellectual property rights are protected. A qualified IP lawyer in your area can also represent you in court if you are required to attend any meetings or hearings.
