Protection of intellectual property

In order for intangible goods not to be misused by another person and retain their uniqueness and value, they must enjoy proper protection. By means of intellectual property law instruments, it is possible to prevent the possible use of these intangible goods by another person and thus ensure the exclusivity of their use only by an authorized person.

Trademarks

Probably the most common tool for protecting IP is trademarks, which tend to be the most frequent subject of disputes in this area. This is any sign made up of words, colors, letters, product shape, product packaging or even sound. Such a designation is intended, in particular, to distinguish a particular product from a competitor's product and thus distinguish not only the product itself, but also its originator. If a trade mark is registered, no one other than the proprietor of that trade mark may use a sign identical or similar to it in trade in connection with the goods or services for which the mark is protected.

If, nevertheless, such use occurs, the authorized person (originator, author, owner) has the right to seek redress, that is, in particular, for the infringer to refrain from encroaching on his rights. In addition, the authorized person has the right to request from a third party the provision of information on the origin of products or services marketed under the same or interchangeable designations, or the right to apply to the competent court for a preliminary injunction or, where appropriate, the right to seek compensation for damages, the granting of unjust enrichment or reasonable satisfaction from the infringer.

Protecting know-how

A current and also very frequent subject of dispute is know-how, which constitutes a separate component of intellectual property. It is a secret, substantial and identified set of practical unpatented information. In practice, this may be, for example, a specific process of production of a product, technical information or software, the common feature of which is that it provides a certain advantage in the market. The protection of know-how itself consists, in particular, in the active action of its owner, that is, in the efforts to define the know-how in question, to value it and to create a system for its sufficient secrecy. However, know-how can also become part of a trade secret, at a time when it is competitively significant, determinable, valuable and normally unavailable. In such a case, its unauthorized disclosure, disclosure or personal use constitutes unfair competitive conduct. Protection against such conduct is then analogous to that of unauthorised use of a trade mark, in the context of the means used to enforce industrial property rights.

Judicial enforcement of intellectual property rights

However, unauthorised infringement of trade mark rights, infringement of copyright or infringement of protected industrial rights may in practice not only remain at the civil level, since both infringements can also be classified as criminal offences. In addition to the means of private law, it is also possible to protect your intangible assets with the help of criminal law. The filing of a criminal complaint can even offer a number of advantages, especially in the event of an evidentiary emergency in a civil dispute. Law enforcement authorities, on the basis of the so-called investigative principle, have a wide range of powers that allow them to secure the necessary evidence, which can then be used in civil litigation.

Ensuring the protection of your intellectual property rights, including possible registration or other administrative steps, and in particular the dispute itself before a court or other administrative authority, can entail a number of pitfalls and complications. Therefore, in such cases, we recommend that you always seek professional legal assistance.

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