what intellectual property theft means and why you should care

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What Intellectual Property Theft Means and Why You Should Care The term “intellectual property” refers to a wide variety of holdings. It can refer to a company or individual’s trade secrets, trademarks, patents, copyrights, and proprietary products. With the rise of technology, theft of intellectual property has become more rampant and widespread. Legal Protection The United States has many laws that protect intellectual property. For example, there are U.S. statutes that make it illegal to infringe upon a patent, copyright, or trademark. Similarly, the United States has laws against the misappropriation of trade secrets. Once you create or acquire any type of intellectual property that you intend to monetize, it may be advantageous to file for official intellectual property protection. Registering a patent, trademark, or copyright may entitle you to more damages should it be infringed upon, and such protection gives presumptive nationwide notice to others. Unfortunately, intellectual property theft often takes place abroad where it is more difficult for law enforcement to pursue and enforce U.S. intellectual property laws.This problem is compounded by the fact that most intellectual property rights are

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Page 1: What Intellectual Property Theft Means and Why You Should Care

What Intellectual Property Theft Means and Why You Should Care

The term “intellectual property” refers to a wide variety of holdings. It can refer to a company

or individual’s trade secrets, trademarks, patents, copyrights, and proprietary products. With

the rise of technology, theft of intellectual property has become more rampant and

widespread.

Legal Protection

The United States has many laws that protect intellectual property. For example, there are U.S.

statutes that make it illegal to infringe upon a patent, copyright, or trademark. Similarly, the

United States has laws against the misappropriation of trade secrets. Once you create or

acquire any type of intellectual property that you intend to monetize, it may be advantageous

to file for official intellectual property protection. Registering a patent, trademark, or copyright

may entitle you to more damages should it be infringed upon, and such protection gives

presumptive nationwide notice to others.

Unfortunately, intellectual property theft often takes place abroad where it is more difficult for

law enforcement to pursue and enforce U.S. intellectual property laws.This problem is

compounded by the fact that most intellectual property rights are territorial and limited to the

jurisdiction that they were registered in.

How Can an Intellectual Property Attorney Protect Your Intellectual Property?

Hiring an intellectual property attorney can give you peace of mind that your intellectual

property is properly protected. An intellectual property attorney can conduct periodic audits of

your intellectual property assets to ensure that your intellectual property portfolio is up-to-

date. They can also make sure that you have well written non-disclosure agreements in place

to protect your intellectual property assets.

Page 2: What Intellectual Property Theft Means and Why You Should Care

When necessary, an intellectual property attorney can draft agreements for you when you need

licenses, sales contracts, technology transfers, master purchase agreements, or any other

relevant contracts.

Intellectual property attorneys also have the experience and expertise necessary to draft proper

contract provisions that address liabilities and their limitations, warranties, disclaimers,

indemnity, and other contract provisions that will protect you.

Lastly, intellectual property attorneys have expertise in foreign intellectual property

transactions. They can assist you with foreign searches, registration, and litigation when

necessary.