Intellectual property litigation basics

Grappling with the intricate nature of intellectual property (IP) litigation requires a basic knowledge of what intellectual property is and the types of conflicts that can arise from its insufficient protection and/or infringement.

Intellectual property can be broadly categorized into four main types:

• Patents: Grant the patent holder the exclusive right to make, use or sell an invention for a certain period
• Copyrights: Protect original works of authorship, including literature, music and art by giving the creator exclusive rights to use and distribute their work
• Trademarks: Protect symbols, names and slogans used to identify goods and services to distinguish them from others in the market
• Trade secrets: Safeguard formulas, practices, processes, designs, instruments or patterns used to give a business its edge in the marketplace

IP litigation encompasses legal disputes over infringing or violating intellectual property rights.

Common causes of IP litigation

IP litigation can involve complex legal analysis to determine whether the IP rights have been violated and the extent of any infringement. Disputes may also arise over the validity of intellectual property rights themselves, such as challenges to the novelty or originality of a patent or copyright. Additionally, cases can involve misappropriating trade secrets, where confidential business information is taken and used without consent.

Navigating IP litigation

Successful IP litigation requires a thorough understanding of intellectual property’s legal and technical aspects. It often involves expert testimony, especially in patent cases, to clarify complex issues related to the subject matter of the IP.

Having legal assistance is critical for both sides of IP litigation so that all parties can understand their rights and options. Making this effort enables parties to make informed decisions that they feel are in their best interests.