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13 Questions to consider: Intellectual Property?

July 18, 2018July 13, 2018 by

The emergence of intellectual property disputes & trade wars?

What is Intellectual Property?

In simple terms, an individual or a collection of people create a concept, new, an innovative design or an idea. These are so great. It is considered unique and different enough for it is identified as intellectual property. If two intellectually unique ideas emerge at the same time? What does it mean, if the intellectually unique idea is very different but similar in some ways?

Intellectual property is the battlefield of the future. It is the new playground for the larger companies. Regularly we hear of Apple suing Samsung and vice versa. Sometimes, it is between suppliers of parts, companies, they have an existing relationship with. It is possible to have an intellectual property dispute with a company you are frequently working alongside. Perhaps the two ideas may be so similar that they relied on the emergence of each other to actually exist.

Common Questions: They copied my design? The design of the product is identical to mine? Have they stolen my client list? That was my former employee? I came up with the formula for the whole intellectual property, they stole my idea.

Apple reported as being the 9th largest company in the world. Apple has seen many battles over intellectual property. If you watch closely, they have had a dispute over the technology behind their famous SIRI.

13 Questions to consider: Intellectual Property?

  1. What is the intellectual property? Can it be considered Public Knowledge?
  2. Is there a trademark infringement?
  3. What is your position? Are you the infringed or the potential infringer?
  4. What is the relationship between you and the potential copyright or trademark infringement?
  5. Consider the timeline? When did the original intellectual property emerge?
  6. What connection exists with the intellectual property dispute? Videos, correspondence, articles, private conversations, lectures or anything similar.
  7. Similarities? Websites, Logos, Designs, Content, Videos, Pictures, Staff/Employees or Client list.
  8. How different are the potential copyrights or trademark infringements?
  9. Can a consumer differentiate between the two?
  10. Will there be any confusion? Is it similar to the original too much?
  11. Can you tell the difference between packaging?
  12. Is the consumer being tricked or manipulated?
  13. What losses have been endured?

 

If you need legal advice on anything which has been discussed feel free to contact us on 0203 627 9580.

Our specialist lawyers will be able to prepare essential legal advice.

The art of drafting advice for intellectual property requires a uniques expertise and know-how.

ShenSmith Barristers will provide a specialist intellectual property lawyer to provide guidance and advice on how to proceed.

 

References:

https://www.shensmithbarristers.co.uk/intellectual-property/intellectual-property-the-law-relating-to-the-internet-is-inadequate/

https://en.wikipedia.org/wiki/Apple_Inc.

https://en.wikipedia.org/wiki/Samsung_Electronics

https://www.apple.com/legal/intellectual-property/trademark/appletmlist.html

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&cad=rja&uact=8&ved=2ahUKEwj6vuT4waPcAhUsCcAKHTXEDxoQFjABegQICRAB&url=https%3A%2F%2Fwww.shensmithbarristers.co.uk%2Fcategory%2Fintellectual-property%2F&usg=AOvVaw2oPvDwC7uOWrTFjCcTJnsG

https://www.shensmithbarristers.co.uk/category/intellectual-property/

 

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Intellectual Property: internet law is inadequate
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