Legal strategies to safeguard intellectual property

In an increasingly competitive and digitalized business environment, the protection of intellectual assets has become a fundamental element to ensure the long-term success and sustainability of any company. In this context, safeguarding intellectual property is a strategic priority to preserve exploitation rights and protect industrial secrets. These aspects allow maintaining a competitive advantage in the market.

Indeed, trademarks, inventions, and processes represent valuable assets that can make the difference between growth and stagnation in a saturated market. Everything is susceptible to plagiarism: from exclusive algorithms to innovative formulas and disruptive business strategies. Keeping this information out of the reach of any competitor or patent troll is essential to ensure the permanence and reputation of your company.

Registration and protection as indispensable strategies to safeguard intellectual property

Undoubtedly, establishing a solid and recognizable brand is a crucial aspect of building a successful company. Alongside this, effective intellectual property strategies play a critical role in this process, as they allow protecting and strategically managing a company’s intangible assets. Through the registration and protection of these assets, it is possible to establish a unique and valuable brand and innovations that stand out among the multitude of competitors. In this regard, it is necessary to take measures such as:

  • Register your trademarks. One of the most basic but equally essential strategies to safeguard intellectual property is the registration of a commercial trademark. It grants a company exclusive rights over its trade name, logo, and slogans, providing distinctive recognition in the market. Iconic examples such as the swoosh of Nike or the bitten apple of Apple illustrate how these symbols become synonymous with quality and excellence. If they were not registered, any competitor could use them and create market confusion.
  • Similarly, the registration of designs is essential for companies whose visual identity plays a decisive role in their market differentiation. Thanks to design patents or copyrights, it is possible to protect the originality and aesthetics of products and packaging. The iconic design of the Coca-Cola bottle, which has been protected for decades under strict intellectual property rights, serves as an example.
  • Protect your intellectual property. For companies in the creative industries sector, copyright protection becomes an essential tool to safeguard original works of authorship. From software code to audiovisual productions and musical compositions, registering these works guarantees exclusivity and legal protection against potential infringers.

Patent application

​Indeed, for companies that base their success on technological innovation, submitting patent applications becomes a mandatory strategy. By obtaining exclusive rights over their inventions, companies can protect their investments in research and development and ensure a leading position in the market. Having the support of specialized trademark and patent registration agencies – such as ISERN – facilitates the complex application process. In this way, it is possible to ensure that the company obtains the necessary legal protection for its innovations.

Monitoring and renewing trademarks to safeguard intellectual property

Actively monitoring and enforcing intellectual property rights is a crucial task for any company seeking to protect its reputation and assets. Conducting thorough searches before registering a trademark helps avoid conflicts with existing brands, thus ensuring its viability and originality. Additionally, carrying out periodic searches and monitoring the market for possible infringements allows companies to take timely legal action to protect their rights.

An outstanding example of this practice is the rigorous enforcement of intellectual property rights by companies like Apple, which has been fundamental in safeguarding its reputation and preventing unauthorized use of its brand and technology. Specialized agencies such as ISERN offer services for monitoring registered trademarks and intellectual properties and executing legal actions in case of infringements.

On the other hand, trademark renewal – every 10 years – is a strategic act of protection and affirmation of corporate identity. In a highly competitive business environment, where originality and differentiation are critical, renewing a trademark is essential to maintain its exclusive ownership and protect its reputation from potential usurpers. This process involves extending the legal protection of the trademark and reevaluating its market positioning. Its continuity is a relevant reference for constantly evolving consumers. For all these reasons, renewing trademarks is not just a bureaucratic procedure: it is an essential process to safeguard intellectual property.

International protection of intellectual property

​For companies with ambitions of global expansion, international protection of intellectual property is a critical step. This involves seeking protection in various jurisdictions to safeguard innovations and brand identity in foreign markets. Two available modalities of international trademark registration are community trademarks and international trademarks:

  • Firstly, community trademarks offer broad and uniform protection within the European Union, managed through the European Union Intellectual Property Office (EUIPO).
  • On the other hand, the Madrid System provides an efficient and cost-effective solution for protecting trademarks globally. With a single international trademark application to the World Intellectual Property Organization (WIPO), companies can seek protection in up to 130 countries, thus simplifying the management of their global trademark portfolio.

Confidentiality policies

To effectively protect trade secrets and intellectual property, it is essential to implement strong and proactive confidentiality policies. Indeed, these policies help identify and protect confidential information and also establish clear procedures to ensure its security and privacy:

  • The first step in protecting trade secrets is identifying what information is considered confidential and valuable to the business. This can include data on manufacturing processes, marketing strategies, key customers, formulas, custom software, and more. Conducting a thorough inventory of these trade secrets provides a clear vision of what needs protection. Similarly, it helps decide the necessary actions to safeguard intellectual property.
  • Of course, maintaining confidentiality within the company is essential to protect trade secrets. Establishing clear policies and procedures ensures that only those employees who need access to confidential information can do so. Fostering a culture of confidentiality and awareness of the importance of protecting trade secrets among the team is also crucial.
  • Similarly, implementing confidentiality agreements is another important measure to protect confidential information shared with third parties. These legal contracts ensure that the latter commit to not disclosing the trade secrets they have accessed.
  • Besides digital measures, it is crucial to implement physical measures to protect trade secrets. This includes restricting access to confidential areas or files, maintaining secure locks, using security cameras, and controlling access to equipment and devices that contain valuable information.
  • Finally, when interacting with third parties, such as suppliers or business partners, it is important to limit the disclosure of confidential information and ensure that confidentiality agreements are in place. Evaluating the reliability and reputation of involved suppliers before sharing trade secrets is also fundamental.

ISERN is your ally to safeguard intellectual and industrial property

Considering all the above, it is a priority to have a reliable ally for the protection of intellectual and business property. At ISERN we offer expert legal advice for the registration and protection of trademarks, patents, and other intellectual assets at the national and international levels. We have 100 years of experience in the sector and a team of over 150 expert professionals. We are leaders in this field and have helped more than 40,000 clients protect their intellectual assets.

If you need to protect your trademarks and safeguard intellectual property, ISERN is your best option. Contact us today!

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