IP Notice

If you think that your company needs an IP strategy it is important to work systematically. You may find the check list helpful when completing your IP strategy. However, please note that not all points will have relevance to all companies.

Point out the products, the technology or the services that are essential to the company's growth in the future. Create an overview of business tendencies developing in and outside the industry.
Look in patent databases for patents within relevant areas. The number of patents as well as the content can reveal important strategic and technical information.
Identify the most innovative competitors and find out how they protect their rights. Which technical solutions are patented?
Make one person responsible for the company's IP-policy. Make sure that this person has the relevant competencies ensuring that the policy is followed.
Think about how to make use of IP in the framework of your general business strategy. Determine a strategy for using IP, e.g. IP for exclusivity, for relationship building, for funding, for management and trading of intangible assets (licensing), for freedom of operation or for knowledge management, etc., or a combination of these strategies.
Determine the countries where you need protection according to your markets and the countries where your major competitors are located. Decide on the filing strategy, i.e. national applications in the relevant countries, European applications or International applications or combinations of the three options.
Formulate principles on how the company handles inventions made by employees. Make sure that the employees are aware of these principles.
Decide how the company's trademark and other business identifiers can be used - and by who. In that way you will be able to react quickly and efficiently if someone uses your trademarks without permission.
Establish and communicate clear guidelines on how the company handles business secrets that are not protected by rights. The guidelines should also contain information on, when participants in meetings must sign a declaration of concealment.
Decide on a policy for copyrights - who is allowed to use protected material and under which circumstances?

Good practices to enforce your IP rights

Although intellectual property rights are granted by the state, it is up to the individual owner to ensure that his/her rights are not being infringed and if they are, to take appropriate action.

Enforcement of IP rights is necessary because people do not respect the rights of others. Infringers will erode your hard-won market share and poor quality imitations will quickly ruin your brand reputation in the marketplace. If someone infringes your IP rights, i.e. uses your material without your permission (and where there is no rule of law that might make such use legal), it would be open to you to seek a remedy in law by taking a case to court, - for example, seeking injunctions and damages.

It may also be possible to take opposition proceedings before an Industrial Property Office where the national law provides that such offices can act in a quasi-judicial role possibly as an alternative to the courts. The possibilities for opposition can exist before and after grant/registration and arise particularly in relation to registrable rights such as patents and trademarks because the registration can be disputed.

A less costly and more practical approach may be to seek to avoid litigation by negotiating a solution to illegal use with the infringer. Being able to demonstrate your legal right to the IP in question through ownership of a patent, registered design or registered trade mark etc. will strengthen your position. A well-drafted patent will often be enough to deter potential infringers.

Recommendations on how to prevent problems due to infringement and how to enforce your rights effectively in case of need

Good Practice:

You should regularly carry out searches of new registrations for patents, trade marks and designs for any that may conflict with your own. Pending published patent applications can also be searched.
In order to reduce the chances of people using your IP without your permission, you can make sure you bring the existence of IP to their notice in any dealings with them. If you put products or material protected by IP into the public domain, e.g. by publishing or selling goods you should consider marking these goods in such a way as to indicate your rights. For example on products marketed under a registered trade mark, use to indicate this fact.
A patent confers upon its holder, for a limited period, the right to exclude others from exploiting (making, using, selling, importing) the patented invention except with the consent of the patentee. If you become aware of any infringement of your patent you should immediately seek legal advice as to the most appropriate action to take.
If you have a design registration , you should consider in conjunction with your legal advisor what opportunities exist for legal redress against others who subsequently produce articles with the same or very similar appearance to your article.
Similarly, be aware that your trade mark may be your most valuable asset. You may have invested in devising a trade mark to advertise and promote a particular product or service and to appeal to a particular market. Take action against the unauthorised use of your mark because failure to do so may mean that you will lose business and goodwill and the value of your brand may be diluted or lost.