Most of the time, in a business, each department has its well-established role. However, there are several departments that apparently have absolutely nothing in common with each other from a professional point of view, and among them are: the legal department of a company and the marketing department. It goes without saying that marketing manages to generate intangible assets, and these assets can be protected through intellectual property rights.
What can be protected?
The entire creative and communication process that the marketing department carries out and that brings added value to the client or even to the company, comes under the influence of intellectual property rights. This type of influence has a concrete effect on the protection of intangible assets. So if we are talking about: product names, slogans, brochures, landing pages or even web page designs, these are just a few examples of marketing strategies that may be eligible for IP protection.
What should we pay attention to, though?
In addition to the aspects on which we must pay attention so as not to steal our ideas, there is also the type of attention paid to the theft of the intellectual property of others. Before putting the ideas into practice, it is advisable to follow a few steps to ensure that you do not run into a possible infringement. The word you need to be guided by is: research. Therefore, you will need to perform a research to make sure that the subsequent financial effort and time wasted will not be enormous.
Firstly, check if a certain brand has owners or not. Thus, you will be able to avoid a possible complaint from him. Secondly, if the claim has already been made, it is necessary for the claimant to prove the unauthorized use of the mark in question. Make sure, therefore, that through the intangible assets of the marketing department you do not mislead the public and do not confuse them.
It is more than recommended to seek the advice of an IP lawyer to fully understand the entire asset protection process. This can happen if you want to maximize your competitive advantage in the market. If you discover during this whole process any behaviour that could have repercussions regarding the violation of rights, stop immediately! You will be able to remove any impulse of the rights owner to initiate legal action, and it will prevent you from creating other actions that could be the subject of a claim.
To conclude, we emphasize the importance of collaboration between IP lawyers and marketers. Their intangible assets are the key to the success of a business, but without the help and coordination of an IP specialist, they are in great danger of being copied.
All the information read is just general advice. If you face a specific situation, do not hesitate to seek the help of one of our specialists.