Intellectual property theft is a prevalent issue in today’s digital world. It encompasses the unauthorized use, reproduction, or distribution of someone else’s creative works. From trade secrets and innovative investments to original artistic expressions, intellectual property theft undermines the rights and efforts of creators and innovators. According to the Commission on the Theft of American Intellectual Property, intellectual property theft damages are estimated to exceed $600 billion annually.
At Bernal Law, we understand that intellectual property theft is a serious offense and requires focused legal knowledge. Depending on the nature of the alleged theft, charges may stem from the Copyright Act, the U.S. Constitution’s Copyright and Patent Clause, the Commerce Clause, the Lanham Act, the Patent Act, or others. Consequences can have major impacts on an individual or entity, which is why partnering with an attorney is imperative for comprehensive legal help.
What Is Intellectual Property Theft?
Intellectual property encompasses a variety of creations, such as inventions, literary works, artistic works and designs, symbols, names, images, or software used in commerce. This type of theft occurs when someone unlawfully uses, copies, reproduces, distributes, or exploits another person’s or entity’s intellectual property without permission. Generally, intellectual property theft is a federal offense, resulting in serious penalties.
Intellectual property theft can take various forms, including the following:
Copyrighted Material Infringement
Copyright material infringement refers to the unauthorized use of copyrighted materials, such as books, music, software, and artworks. Individual creators and businesses often copyright their works in order to protect them from being used by others without explicit permission.
Patented Material Infringement
Patented material infringement encompasses the unauthorized use, manufacture, sale, or importation of a patented invention. Generally, patents are valid for 20 years from the date of filing with the U.S. government. Business entities and individuals may seek patents to ensure others cannot take their ideas and claim them for themselves.
Trademarks Infringement
Trademark infringement encompasses the unauthorized use of trademarks, logos, brand names, or a combination of these to deceive consumers or gain an unfair advantage.
Trade Secrets Theft
Trade secret theft refers to the unauthorized acquisition, disclosure, or use of valuable business information that provides a competitive edge. Trade secrets are confidential, which is why entities often require individuals to sign non-disclosure agreements and list trade secrets in contracts in advance to protect sensitive information.
How a Lawyer Can Help Protect Against Intellectual Property Theft
An experienced intellectual property theft lawyer at Bernal Law can help protect your rights in the following ways:
- Focused Legal Knowledge: Intellectual property law is complex and varies based on the type of intellectual property. Bernal Law possesses a deep understanding of copyright, patents, trademarks, and trade secrets laws. We will guide you through the intricacies of the legal landscape.
- IP Registration and Protection: We can assist you in registering your intellectual property with the appropriate government agencies. This registration bolsters your legal standing and provides a foundation for pursuing legal action against infringers.
- Cease and Desist Letters: If you suspect an individual is infringing on your intellectual property, we can draft and deliver a cease and desist letter. This formal communication alters the infringing party of their violation and outlines the necessary actions to remedy the situation.
- Litigation and Enforcement: If informal resolutions fail, an intellectual property lawyer can initiate legal proceedings on your behalf. We will gather evidence, build a case, and represent you in court to seek damages and injunctions against the infringing party.
- IP Portfolio Management: For businesses or individuals with diverse intellectual property assets, we can help manage and protect your entire intellectual property portfolio.
Working with an experienced lawyer at Bernal Law can empower you to safeguard your creations and pursue rightful compensation in the face of intellectual property theft.
Contact the Intellectual Property Lawyer at Bernal Law Today
Intellectual property theft stands as a significant challenge in today’s digital world, jeopardizing the hard work, creativity, and innovation of individuals and businesses alike. If you suspect your intellectual property has been stolen, contact Bernal Law today. We take aggressive steps to shield your valuable creations and assets from unauthorized use and exploitation.
Schedule a complimentary consultation by calling (619) 736-9092 or filling out a contact form. We also speak both Spanish and English.
