Intellectual Property

Overview of Intellectual Property

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Introduction to Intellectual Property

Intellectual property rights allow you to legally protect the inventions, brands, logos, written material, software, designs and the like that you create for your business. The legal protections come in the form of patents, trade marks, copyrights and design rights, all of which allow the owner to prevent another person […]

Patents

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Overview of Patents

A patent is the legal right to preclude another person from making, selling, offering to sell, using or importing any product or process that is covered by the patent. So if you have invented a machine that harnesses solar power and uses it to convert straw into gold, and you […]

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Maximizing Value: How to Sell or License a Patent

After spending a large amount of time and money obtaining, maintaining and enforcing a patent, it makes sense to get as much value out of that asset as possible. The most obvious way to do this is to exploit the competitive advantage you have obtained by using the patented invention […]

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Buying and Selling a Patent

In general, buying and selling a patent is much the same as buying and selling a tangible asset. The buyer should perform its own due diligence on the asset to make sure it is buying what it thinks it is buying, i.e. a valid patent. Then a Patent Transfer Agreement […]

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Licensing a Patent

Licensing a patent is much more complicated than a simple assignment. In fact, a Patent License Agreement could be one of the most complex agreements any company has to negotiate. But a well-planned and executed patent license strategy can provide the owner of a patent with the best of all […]

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Patent Maintenance and Enforcement

Once a patent has issued on your invention, you will be able to preclude anybody else from using it in the designated countries for the term of the patent. However, you need to maintain the patent by filing annual fees in each country where the patent has been granted. In […]

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Registering a Patent

Unlike other forms of intellectual property such as trade marks and copyrights, inventions that are available to the public cannot be protected without registration and government approval. Unfortunately, preparing a patent application is an extremely complex process that involves the ability to thoroughly understand the science or technology involved in […]

Trademarks

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What is a Trademark?

Trade marks are the words and symbols that identify the products and services offered by one company and distinguish them from those of another. They include names, brands, logos, designs, shapes and sometimes even colors. The goodwill associated with a trade mark can be one of the most valuable assets […]

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An Introduction to Trademarks

Trade marks are the words and symbols that identify the products and services offered by one company and distinguish them from those of another. They include names, brands, logos, designs, shapes and sometimes even colors. The goodwill associated with a trade mark can be one of the most valuable assets […]

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How to Register a Trade Mark

The first step in protecting a trade mark used in your business is to identify the names, brands, logos, etc. that you want to register. However, there is more to this than initially meets the eye. Most businesses have numerous protectable trade marks, and new business owners are often unaware […]

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Enforcement of Trade Marks

Once you have registered your trade mark in Ireland or another country, no one may use the same or a similar mark in relation to the same class of goods or services without your permission. If another business infringes your trade mark, you have the right to bring an action […]

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Passing Off

Although it is much easier to enforce a trade mark if it is registered, it is also possible to seek damages for the common law tort of “passing off”, regardless of whether the trade mark has been registered. There are three elements which must be proven in a claim for […]

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Maximizing Value: Sale or License of a Trade Mark

After spending a large amount of time and money obtaining, maintaining and enforcing a patent, it makes sense to get as much value out of that asset as possible. The most obvious way to do this is to exploit the competitive advantage you have obtained by using the patented invention […]

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Trade Mark Licensing

Creative trade mark licensing can greatly increase a company’s revenues, as well as expand its brand identification and sales reach into territories that otherwise would fall outside of its manufacturing and distribution capacity. Licenses can be granted for a particular country or for a particular product. For example, an Irish […]

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