What is Intellectual Property ?
Intellectual property is the general term designating any and all rights related to intellectual, literary and artistic creations, works and industrial creations (patents, designs and trademarks).
Even though the term “intellectual property” does not appear until 1967, today it is widely used and at the heart of debates about how to protect creative and original works. Because these works evolve and develop in a complex and ever-changing legal environment, these questions need to be taken seriously. Consulting a legal expert is therefore advised.
Why choose an Intellectual Property lawyer to protect and defend your works ?
Your lawyer will be there every step of the way for your project, from its conception to its implementation, through all the stages of its development.
Law is always evolving. What is not protected today could be tomorrow and vice-versa. Your lawyer will help you to foresee and project into the future the actions to be taken and the obstacles to avoid, especially in terms of timing, whether it be a patent, artwork, a business model, a trademark or a design.
Furthermore, keep in mind that from a legal perspective, only the work or the final creation will be protected and not the initial idea upon which it is based. In order to protect your concept, your lawyer will develop the best strategy based on applicable law and the specifications of the business and marketplace. Thanks to this strategic analysis, your lawyer will help you shape, construct and assemble the legal nuts and bolts of your project.
Your attorney should stay involved throughout the lifetime of your project. As the law evolves, so does the protection or the vulnerability of an idea, a trademark, a concept or a patent. Your lawyer’s job is to maintain his intellectual flexibility and capability necessary to adapt your business to the ever-changing legal environment and judicial landscape. Your lawyer’s anticipation of problems will improve your chance of success in case of litigation. Your attorney may decide to attack if your rights are violated or take a more defensive stance, if claims of infringement are brought against you.
What should you expect from your Intellectual Property lawyer?
First of all, your lawyer’s availability is a key factor. Your relationship must be based on mutual trust and you must know that he is attentive and implicated.
Even if the area of intellectual property implies a natural interest for the arts, your lawyer must also have a highly keen sense of business to better assess and respond to the risks in your environment. Your attorney must be an excellent strategist who will help you establish a long term game plan using the cards in your hand.
Finally, require your lawyer to fully master all aspects of litigation, in addition to the legal advice given. This is called strategic planning of litigation and your business goals. An attorney who assumes the litigation related risks assumes the consequences of the legal advice he provides.
A good lawyer is an externalized in-house counsellor dedicated to your business and an extension thereof. Your ideas and trademarks are the bastions your attorney will always defend.