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Understanding Your Rights Surrounding Intellectual Property

Posted on September 12th, 2019 by Oddo & Babat, P.C.

Intellectual Property

Are you wondering if you need the legal guidance and protection offered by an intellectual property lawyer? An intellectual property lawyer also represents those who are accused of having stolen property that another party claims is theirs. Intellectual property is a specialized area of law that requires additional training and experience. Contact a law firm if you would like to know more about the intellectual property legal services offered by a lawyer.

Defining Intellectual Property

There is often confusion surrounding the definition of intellectual property and the creator’s legal rights surrounding it. Intellectual property refers to personal property as opposed to real property which is land. Someone who is the legal owner of intellectual property has the right to possess that property, protect it, and prevent anyone else from possessing it. An intellectual property lawyer can assist you in protecting your property if there is a threat to your ownership of it, or it is at risk for being harmed by another individual or a company.

Examples of Intellectual Property

Unlike real property, intellectual property does not exist in physical form. Because of this, laws pertaining to real property do not apply to intellectual property. As a result, intellectual property laws are intended to protect the owner’s right to use and reproduce their property. As appropriate, intellectual property laws may also protect the secrecy surrounding the property, such as a recipe for a company’s signature food or beverage. Other common examples of intellectual property include these:

  •         A product name
  •         A product logo
  •         An invention
  •         An original work of authorship

Ownership of Intellectual Property

In most cases, the owner of an intellectual property is the individual who created or invented that property. However, companies may have a contractual agreement with their employees that any intellectual property created by the employee while on the job will belong to the company. Additionally, the owner of an intellectual property can choose to give that property away to another party under a licensing agreement with that party. An intellectual property lawyer can assist in making such an agreement legally binding and protect the rights of the original owner or the licensee.

Concerns of Intellectual Property

Anyone who is the owner of an intellectual property may have concerns about protecting themselves from theft and other potential issues. Depending on the circumstances of how the individual or company created the intellectual property, their lawyer will develop a legal strategy to protect their best interests. After a no-obligation consultation with an intellectual property lawyer from a law firm, you should gain a clear understanding of how they can protect your rights. When necessary, an intellectual property lawyer represents clients in courtroom litigation though in most cases, the issue can be resolved out of court.


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