For many people, intellectual property (IP) is a rather obscure legal concept that can only be fully understood and applied by those with specific training.

Perhaps you are wondering why a person, or a small or medium-sized enterprise (SME) should pay attention to IP and what benefits can be gained from its use.

Think about it even if you are a young creative person with a new idea to protect!

Intellectual Property (IP) is the set of all rights that protect the creations of the human mind, it includes Author Law – Copyright and Industrial Property or trademarks, patents, industrial models (designs) but also industrial secrets.

The typical object of industrial property is represented by signs capable of transmitting information, in particular to consumers, on products and services offered on the market. Protection is aimed against the unauthorized use of these signs that could deceive consumers and in general against deceptive practices.

TRADEMARK

The brand must distinguish your goods or services from others on the market. For this reason it will be absolutely useless to invest in a trademark that expresses the type, quality, purpose or value attributed to the goods or services, or in one that represents a widespread surname or geographical name, or that is in conflict with an earlier mark or one which misleads the public as to the nature of the goods or services.

Choosing or creating an appropriate brand is a fundamental step, as it represents an important element of your business’s marketing strategy.

Make sure that the brand is easy to read, write and remember, that it is suitable for all types of advertising media and check that it is possible to register it.

Before filing a trademark application, ensure that adequate research has been carried out to ensure that the chosen trademark, or a similar one, has not already been registered by another company for identical or similar products.

When registering your business name or domain, make sure you are not infringing on someone else’s trademark. It is always a good idea to first do a search in the trademark databases.

It is strongly recommended to register the trademark abroad if you want to issue a license for use in other countries.

You are responsible for defending your brand. If someone uses it without your permission, they may violate your rights and you should contact a lawyer as soon as possible.

PATENT AND UTILITY MODEL

It is necessary to file a patent application to obtain exclusive rights to exploit the invention.

An invention is generally defined as a new and inventive solution to a technical problem.

Keep your invention a secret. It must be kept secret until you have applied for patent protection. If you display it, sell it, or talk about it in public before you apply, you may miss the opportunity to patent it.

Don’t repeat something already patented. It is not advisable to apply for a patent for an invention that is not new. Before investing so much time and money, do a search in patent databases, commercial brochures and the Internet. This way you can verify that your invention has not already been developed by someone else.

If you have developed a new product or process, you should consider obtaining a patent as an integral part of your business strategy, along with other factors such as profit potential, finance, manufacturing and marketing.

it is possible to claim the priority date (first filing date) only if the application for the same invention is filed within 12 months. If the patent is not extended abroad within 12 months, it will not be possible to protect the invention in other countries, as it will have been submitted or made public and you may not be able to obtain patent protection in foreign countries due to lack of novelty.

In addition to verifying that an invention is patentable, an effective and timely search of patent databases can provide useful information and news on competitors’ R&D activities, current trends in a specific field of technology, etc.

You are responsible for defending your patents. If someone uses them without your permission, they could violate your rights and you should contact a lawyer as soon as possible.

DRAWINGS

A drawing is the visible form of a two-dimensional (schematics) or three-dimensional (models) object. Form is defined through the use of lines, contours, colors, surfaces or materials.

In other words, the design refers only to the appearance of the product; although it may have technical or functional characteristics, industrial design, as a category of intellectual property law, refers only to the aesthetic nature of a finished product and must be distinguished from any technical or functional aspect.

The design is what catches our eye and often pushes us to purchase.

A good design is expensive and takes time to develop. You should be the ones to reap the fruits of your labor and not imitators and plagiarists. The owner of the rights to a design can prohibit others from using products with the same or similar design for commercial purposes, such as manufacturing, importing or exporting.

The design creates an identity, arouses emotions, affects our awareness of status and, for this reason, offers decisive help in positioning a product.

Think globally . If you also aim to export a product to foreign markets, you should consider protecting the design internationally.

More info? Contact us: infotech@t2i.it

IP Enjoyer is a project co-funded under the EUIPO Ideas Powered GR/003/23 program.