There are several legitimate reasons: to prevent anyone from copying you; to bring value to your business if you intend to sell it; to sell or license to a third party; to keep it in your armory if you suspect you will be sued and want to countersue.
Being the "first to apply" for a patent in the UAE is always the best and the safest way to defend your non-trade secret IP. Other than this, another common way to ensure that your Intellectual Property is recognised as yours is to publish and cite it extensively, always making sure that your company's name is credited to wherever it is listed.
The more people who see your intellectual property online, the more support your Patent can get. Make sure that you never share your idea with anyone before you have protected the same.
This is because the other person might file for a patent before you and gain ownership rights over it. While a secret shared under a non-disclosure agreement NDA documents most people have heard about but probably never read , ought to stay secret, discussing an invention under the umbrella of confidentiality is no substitute for being able to freely discuss or publish an idea that is protected by a patent application.
Create a strategy that covers all of the intellectual property, including all inventions and technologies, concepts, trade secrets, original content, and domain names. Insiders or frustrated workers frequently compromise classified records, so organisations should place a high priority on enforcing protection policies.
Employees should be briefed about the company's intellectual property protocols and practices, as well as the implications of their acts. A data protection policy should specify which data must be secured and where it lives, as well as who has access to it and how it must be protected.
It should also specify how confidential data, such as IP, should be transported and how it should be destroyed when no longer needed or necessary. Manuscripts, creations, and all ideas should be kept in a secure location protected by an identity and access management system. With compromised credentials accounting for 81 percent of breaches , it's critical to store intellectual property on a system that employs adaptive authentication with risk analysis, or at the very least two-factor authentication.
Passwords are no longer an effective means of security. Although it's critical to protect your core IT structures, it's also critical to include other, less visible places where your data could be stored or processed:. Larger endpoint machines will hold the documents they handle, and they're usually linked to the network and remote-control systems, making them particularly vulnerable to IP hackers.
Be sure you have the best protocols and processes in order to ensure that all records are removed since they've been used, as well as the right cybersecurity tools and network safeguards to deter unauthorized entry. IP is often exchanged with vendors, associates, or customers, making tracking and protecting it more complicated.
Work with legal specialists to ensure that your third-party arrangements specify how your IP can be protected and that you have safeguards in order to ensure that those terms are followed. It's critical to remain mindful of the applications and software your staff is using, whether they're company-managed or shadow IT that they've downloaded themselves, so you can avoid any unauthorized cloud access. Ensure that all company-approved applications are properly installed, protected, and up-to-date for added security.
Patenting or copyrighting works and processes, and actively defending them in court, are two traditional ways of securing IP. Digital Rights Management schemes are used in modern techniques. Simply keeping information confidential and limiting disclosure to the trade secrets that make up the IP, and designing the mechanism to keep them hidden, is a now somewhat unusual but still successful method contrary to what we discussed previously.
As an outcome, it is strongly advised that companies develop and enforce a strategy for doing business in the UAE, especially in terms of how trademark rights are treated.
Some intellectual property only requires one type of protection, while others may require two or more methods in order to secure their full economic benefit. Copyright protection is available for written and artistic works.
This includes literary works of fiction and nonfiction, paintings and drawings, sculptures, musical scores and recordings, video recordings, computer code, emails you write, and dance choreography. A copyright prevents others from copying, or duplicating, your work unless they have your permission.
If someone illegally uses your work, you can bring a lawsuit against the infringing party. The duration of copyright protection is the lifetime of the creator plus 70 years. A work is copyrighted as soon as it is created. Two ways to help secure your copyright are to place a copyright notice on all copies of the work, and to register your copyright.
Registration is not required, but if someone illegally copies your work, you may have a more difficult time proving your copyright in court if it is not registered.
Copyrights may be registered with the United States Copyright Office. Trademark protection applies to a word, phrase, picture, logo, or combination of these that identifies the source of goods. In essence, it is the mark that uniquely identifies a company.
If services are being sold instead of goods, it is known as a service mark. Trademarks and service marks are also sometimes referred to as trade names. As with a copyright, a trademark is not required to be registered. However, to enforce your trademark in court, you need to prove that you were the first to use the trademark and that you have used it openly and frequently in marketing your goods or services.
Nationwide protection of a trademark can be obtained by registering the mark with the United States Patent and Trademark Office. Many states also offer trademark protection, but the mark will only be protected from unauthorized use in the state where it is registered. Trademark protection prevents others from using the mark, or a similar mark that is likely to be confused with your mark. Applying for a trademark requires stating the type, or class, of business in which the mark will be used.
Protection typically only prevents others in the same class of business from using the mark. Copyrights and patents are not the same things, although they are often confused. A copyright is a type of intellectual property protection that protects original works of authorship , which might include literary works, music, art, and more. Today, copyrights also protect computer software and architecture. Copyright protections are automatic ; once you create something, it is yours.
However, if your rights under copyright protections are infringed and you wish to file a lawsuit, then registration of your copyright will be necessary. Finally, the fourth type of intellectual property protection is a trademark protection.
Remember, patents are used to protect inventions and discoveries and copyrights are used to protect expressions of ideas and creations, like art and writing. Trademarks, then, refer to phrases, words, or symbols that distinguish the source of a product or services of one party from another.
For example, the Nike symbol—which nearly all could easily recognize and identify—is a type of trademark. While patents and copyrights can expire, trademark rights come from the use of the trademark, and therefore can be held indefinitely.
Check if your trade mark exists in another country. Register your IP overseas If you want IP protection in other countries you either need to: make a separate application in each country find a global service that streamlines the application process if you intend to apply in many countries.
Find out how to register for IP protection overseas. Infringing another IP right While it's important to protect your IP, it is equally important that you don't infringe the IP ownership of others.
Someone infringing on your IP Your IP rights may be infringed when your work, protected by IP laws, is used, copied or mistreated without your permission.
To take legal action, you'll need to prove that: the infringer has copied whole or part of your work your IP rights exist the infringer did not have permission or consent to copy your work. Find more information on understanding infringement. Check out IP Australia's Alternative dispute resolution. Resources to help your business. It provides a number of resources including: a checklist covering the key issues that need to be considered templates for contracts, confidentiality agreements and term sheet guidance and information to help collaborating parties manage their IP.
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