Connect with us

Business

How to Use Intellectual Property Law to Protect Your Digital Assets?

Published

on

How to Use Intellectual Property Law to Protect Your Digital Assets?

Image Source: pixabay

The world is now a digital place and there is almost nothing that cannot be done online. This helps businesses have a wider reach to customers. Their business is also now versatile. This is due to the various tools that enable them to transact with customers online. This makes the unique ideas of online businesses susceptible to theft by other online brands. The internet makes it easy for businesses to copy their designs and brand techniques. This makes your brand not as unique as every other e-commerce brand. Your unique digital content like every other asset should be protected. It should be protected from theft and your intellectual property preserved.

 

You can do this by utilizing intellectual property law (IP law). There are various protections available under the law. For example, patents and copyright protection. The IP law not only protects your unique content from theft but ensures you have sole ownership of it. It is therefore important to involve an intellectual property lawyer because of the complex IP legal procedures.They serve as advocates in court, representing clients. They also offer advice, providing information on intellectual property issues.

The essence of intellectual property 

Intellectual property is an area of law that protects the creative work of individuals. This creative work is seen as a valuable asset. It can be bought or sold for profit. The different forms of Intellectual property are:

  1. Trademarks 

 

A trademark is anything used to identify goods or services. It could be a word, number, design, logo, or symbol. Trademark helps consumers identify a good or service. It is what makes Domino’s pizza box different from a Mcdonalds’ burger box. That distinct feature that makes a consumer tell goods or services apart is a trademark. 

 

The main purpose of a trademark is to avoid confusion in the marketplace. It also preserves businesses’ reputations. Trademark also applies to digital assets. It helps prevent the digital counterfeiting of your digital products

 

  1. Copyright

 

Copyright seeks to protect ownership of creative work. This creative work has to be in such a way that it is fixed permanently. Thus, it is in a tangible form. It includes works expressed through music, literary works, computer programs, and artistic works. 

 

copy write law gives you the privilege to protect ownership of your published works. This at the same time enables you to make a profit from such creative works. 

 

The only exception permitted under the copyright law to use another person’s work is by ‘fair use’. Fair use is getting the written consent of the original owner of the work to reproduce such works, for example, using a person’s published book. 

It is a crime and infringement of the author’s right when the consent of the author is not obtained. 

 

  1. Patent

 

A patent is another way to protect your digital assets under intellectual property law. You use a patent to protect your end product as an inventor.

 

A patent right is granted by the government to an inventor of a product. The purpose is to ensure such an inventor has the exclusive right to the patent invention. There are three different forms of patent namely:

  • 20-year duration for a utility patent for machines and manufacturing compositions
  • 14-year duration to patent ornamental designs
  • 20-year duration to patent plants

 

Unlike other forms of intellectual property, the registration of patents is expensive. Upon registration, such invention would be made public. Due to this, it is important to do the following before starting the registration:

  • Hire an intellectual property lawyer

This is the most important part of the process. This is because IP lawyers have experience with the IP industry. This will also make your registration seamless.

  • Have your intellectual property lawyer evaluate your case and give an expert opinion. This will help you not to pursue a frivolous registration. The IP lawyer can advise you whether your invention can be registered under the patent law.
  • The IP lawyer can also advise you whether the invention is profitable for the duration of the grant.

 

  1. Trade secret

 

This has to do with confidential information being protected by IP law. For information to qualify as a trade secret, it must have the following qualities:

  • The information as a secret must be commercially valuable.
  • Such information must not be public. It should only be known to a few people.
  • There must be steps taken to preserve such information as confidential. For example, using a non-disclosure agreement in the company for employees.

Protecting your digital assets

The category your digital assets fall under is crucial. It determines the kind of process you embark on to protect it. This is why an IP lawyer is more of a compliance lawyer. The IP lawyer ensures you follow the requirements of the law in protecting your digital assets.

The following are ways to use the IP law to protect your digital assets:

  1. Involve an intellectual property lawyer.
  2. Know the category of IP law your digital asset falls under.
  3. Register your digital assets following the various registration processes under the categories.

 

Other ways of protecting digital assets

You can protect your digital assets by also encoding and encrypting them. This prevents unauthorized use of your assets, for example, encrypting your photographs and music to prevent third-party access.

Advantages of protecting your digital assets

    There are so many advantages to protecting your intellectual property. Some of which include:

  1. It offers you exclusivity.
  2. It can generate revenue for your business. This is by commercializing your digital products. You can also use it to make people invest in it..
  3. You can turn your ideas into tangible forms that can be transferred and licensed.
  4. Protection of your unique and creative ideas.
  5. It gives you the opportunity to give your business a brand image with unique logos and designs.

Conclusion

It is amazing when a work of art comes with a business idea. These ideas are different from every other idea out there. However, it comes to nothing when such an idea is hijacked by other businesses. Protecting your IP right is one of the ways to preserve the value of your business. The best businesses in the world like ‘Apple’ have been built on the value of inventions. Make sure to involve an IP lawyer through the process of preserving your digital assets.

Trending