Intellectual Asset Protection - Who Holds The Deed?

October 21, 2004
By Katherine Curtis

Entering the arena of intellectual asset protection without a focused approach is like watching a matador with glaucoma clumsily swing a crimson cloth in front of a charging bull. The odds of that matador safely dodging the dangerous dance with death are ridiculously low.

As many reasonable lawyers may wisely advise, entering a litigation process with a clear vision greatly improves the outcome. Conversely, lacking insight or ignoring corrective measures will tip the odds in the other direction.

Rose-colored Glasses Shatter Against Pressure.
The matador's dance resembles a finely tuned patent, trademark, copyright, or trade secret - All necessary maneuvers within intellectual property asset protection. Litigation proceedings are very closely tied to an intellectual property's (IP) value. Value is somewhat subjective to the eye of the beholder. Some values are harder to prove than others. This is where infringement can rear its ugly head.

However, an owner's right to an IP is much stronger when the owner has the foresight to perform research, obtain records and register titles. IP research usually identifies the scope of the IP's application. Research also includes unbiased market tests and trends. As for obtaining records, a wise IP party can show patents, license agreements, contracts, and copyrights. Another important part of IP protection is registering trade names and service names with descriptions.

Enforcing property rights is much easier with corrected vision. A matter of simply re-engineering applications or educating a party about IP procedures may excuse accusations of infringement. While not all bulls respond to kind words, some beasts cease charging when they find a brick wall is erected behind the graceful muleta.