How to protect intellectual property online

Protecting intellectual property is more topical today than ever before. The internet has opened its doors to aspiring creatives and has become a place where they can realise themselves. These individuals put great effort, money and ideas into creating content that will delight their audience. Brands likewise use social media as their main platform for presenting their business.

The risks range from unauthorised distribution of content to brand misuse. The accessibility and spread of content online means protecting these rights is even harder. Let us go through the individual ways of protecting rights online together.

The internet and intellectual rights

Effectively enforcing intellectual property rights helps prevent unauthorised copying and distribution of protected works. This is key above all online, where spreading and copying content is fast and simple. The internet brings great challenges in protecting intellectual property rights, from internet providers and social media to search engines. 

A good example is domain ownership. Trade mark owners have the right to prevent unauthorised use of domains. Infringement is not only in actively using a domain — it may be blocking a domain or using a similar or confusable one. 

Google Ads and intellectual rights

Google Ads does not allow ads that are not authorised to use copyright-protected content. If you have legal authorisation to use copyright-protected content, you can apply for certification for advertising purposes. Should you notice unauthorised content, you can file a copyright-related complaint. When Google recognises your trade mark, it automatically rejects other advertisers' ads that try to use it. Find out more about Google Ads policies.

Meta and intellectual rights

In Meta for Business you will find the newly added Business Protection section, which gives you guides and inspiration for creating a brand protection strategy and mitigating the effects of its misuse.

Have you heard of Brand Rights Protection Manager? This tool identifies copying in product listings. Thanks to using artificial intelligence it allows broader product protection. 

On top of that the reference image limit has been raised from 50 to 200 images, which lets Meta's system cross-check a wider range of variants. Read more about intellectual property protection on Facebook.

NFT

NFT is short for non-fungible token. It is a unit of data used as a means of proving ownership of a digital or physical item. Every such token is unique and cannot be exchanged for another. The blockchain stores information about the token's ownership. This is how we protect that information from being falsified. They apply to any digital content – images, tweets, texts, musical works, video recordings – while the blockchain does not store the product itself.

What is intellectual property?

Intellectual property is property of an intangible nature that is the result of creative thinking or creative intellectual activity. Intellectual property includes industrial property and copyright. 

Copyright protects a given work under the Copyright Act, for instance in the field of art, literature and science. Registration is not needed.

Industrial rights protect the substance of intellectual property, namely:

• the appearance of a product or packaging – design
• marks for goods and services (brands), logos, trade names – trade mark
• technical solutions, inventions – patent, utility model, supplementary protection certificate
• semiconductor products – topography of semiconductor products
• new plant varieties – breeder's certificate
• geographical indications and designations of origin of products – certificates

In this case registration is needed.

The advantages of protecting intellectual property

Protecting your intellectual property is the only legal way of preventing your unique ideas, products or services being copied or used by someone without permission. In business it matters as much as protecting tangible property. It gives not only financial but also non-financial benefits and at the same time makes resolving legal disputes easier. 

Experts say companies that protect their intellectual property have 20% higher revenue and pay employees 19% higher wages. 

The advantages effective intellectual property protection offers:

• If someone uses your patented product or idea without your consent, you have the right to protect your rights and take measures.

• Thanks to owning a patent or trade mark you can raise your business's market value, gain investors, or other financing options. Protect your know-how, invention, technical solution, intangible assets, logo, design or brand.

• Protecting intellectual property reduces the risk of fraud and unfair business practices.

• If you own valuable information about technologies or other aspects of your business, you can have it protected as a trade secret.

• In the event of dishonest conduct you have the right to claim damages and other remedies.

From January 2024, businesses can obtain from the Industrial Property Office vouchers meant for protecting innovations, patents and brands, or for an intellectual property audit. 

How to protect intellectual property?

How do I find out that my business needs intellectual property protection? Simply. I use the service IP Scan, which gives you advice on how to register and use your intellectual property.

What is IP Scan?

IP Scan is a diagnostic service of expert advice and consultation from an accredited specialist in the form of an in-depth audit of a business's IP. The service results in a report that determines the state of the business's IP use and management, while the specialist at the same time proposes steps for improving the further development of IP protection and its use. The aim is to give a practical, objective and factual analysis, thanks to which businesses better understand IP's value for their business and above all find out what intellectual assets they have, what the options for protecting and using them effectively are, so that the business is able to manage and properly use these elements — the key to business growth — in its commercial strategy. Conversely, this service is not IP registration or legal advice.

Who can use the IP Scan service?

The service is meant for small and medium enterprises (SMEs), meaning a micro enterprise (up to 10 employees, turnover up to €2 million; balance sheet up to €2 million), a small enterprise (up to 50 employees, turnover up to €10 million; balance sheet up to €10 million) and a medium enterprise (up to 250 employees, turnover up to €50 million; balance sheet up to €43 million), and it may also be a sole trader. The business must be based in an EU member state, in this case Slovakia.

Why apply for an IP Scan?

A study by Ocean Tomo showed that over the past quarter century intangible assets (IP) have become the leading asset class and currently make up 90% of the S&P 500 index's market value. IP can therefore be considered a key pillar of businesses' value. Today it is therefore essential to pay attention to IP not only in terms of protecting it but also from the point of view of the business model, strategy, monetisation, commercialisation and, first and foremost, knowing its real value and handling that value.
The IP Scan service gives a business direct contact with a specialist who will work with it to examine its particular business model, its products, services and development plans. Together they will determine what intangible assets need protecting and how IP can help the business grow, thereby preventing unique ideas, products or services being copied or used by someone else without permission.

What does a business gain from this service?

After using the service a business will have information about, for instance:

• What IP its business has or what IP it may have
• How to protect IP, not only through registration but internally and externally too
• How to monitor competitors' IP so that they do not infringe its rights
• How to use IP commercially for its business
• How to value IP
• How to use IP to raise the business's value and in accounting
• Which IP development strategy to choose

Through a grant application you can currently obtain a voucher covering up to 90% of the cost of the IP Scan service, which can save you up to €720. Applications can be submitted only until 6 December 2024.

Who provides IP Scan?

The service can be provided to businesses only by a lawyer or patent attorney who has completed a certified course run by the European Union Intellectual Property Office and the Industrial Property Office of the Slovak Republic. Two members of our law firm Hriadel-Heger & Partners s.r.o. have already obtained certificates for providing the IP Scan service, thanks to which they have become its accredited providers in Slovakia.Do you want to know more about the IP Scan service, or are you interested in having it provided?

For more information contact our partner Hriadel-Heger & Partners s.r.o.

Bear in mind that protecting intellectual property in the digital era is essential for preserving the rights of companies and individuals. We believe our article has given you enough information and that you will consider protecting your intellectual property online carefully. 

Source: https://www.hriadelheger.eu/