The mere existance of a phrase such as "Intelectual Property protection" implies the fact that intelecual property is a field of conflict and confrontations that can end up in this kind of property being violated or overlooked. If intelectual property rights were never under threat, there would be no need to protect them in the first place.
When legal aspects are the battlefield, attorneys are the warriors. A trademark attorney is meant to defend your rights over your own creations. Even if having a trademark or patent protecting your ideas is the base of keeping them safe, many conflicts can arise if some people claim that you have stolen your ideas from them and that they are their actual creators, or someone tries to ignore your rights over your own ideas, amongst other many possible issues. A trademark attorney is specially trained to deal with these issues in your favour and protect your rights against the intends of other people to contravene the property law.
If you have intelectual property rights over a certain item, concept or brand, you can proof so via the intelectual property record provided by your national goverment. However, the procedure is not as easy as it seems. Sometimes, some conflictive situations can arise, that even go beyond the simple dispute over intelectual property rights. A trademark attorney has the skills and the knowledge to handle these situations properly and counsel you about how to deal with their multiple aspects for your greatest good.
One of the most typical cases that trademark attorneys find between their hands is trademark infringement. The creator of a brand that has trademark protection has the right to exploit and develop such brand in whichever way that he or she pleases. The success of that particular brand will have some corelation with the effort put into it. I+D, marketing, logistics, production lines, management, design and plenty of other factors determines that some brands become well known and find a niche in the market that will be economically exploitable. That process is what investment is all about. Investment itself starts with the process of development of the brand that is then protected under trademark.
However, this success could be exploited by other people to make a profit out of it, or just take credit for something that they have not created themselves. This is unfair and against the law. In example, if you want to sell a schoolbag with the face of Mickey Mouse, it will be more likely to be bought than another schoolbag that features some unknown cartoon such as Henry the Mouse or something else with which you could have come up. This is due to the constat effort of Disney, trademark holder of Mickey Mouse, to create and develop the image of Mickey so people would remember it, like it and want to consume its products. Therefore, if you want to increase your sales by placing Mickey Mouse on your products, you should give a portion of your income to Disney, because you owe a portion of your sales volume to their work. If you want to ignore this and keep all profit for yourself, Disney has the right to demand its portion of the gain or, otherwise, have the infringer punished.
In the world of science or arts, it is very important to have clarity about who is the author of ideas, projects and works. When working on a team, or having some kind of agent that is very involved in the creative process -which happens a lot in commercial music, in example- this clarity is indispensable. Many conflicts could arise when people fight about whose idea it is. This is especially delicate because sometimes these arguments take place between people who are very close to each other, people who have worked together into creating something or making a business out of something. Emotional and vincular aspects get in the way of these conflics, and not infrequently they are actually the cause.
A trademark attorney must be ready to understand the origin of these conflicts and make the difference between actual copyright disputes and personal struggles that manifest themselves through intelectual property lawsuit but are not really about intelectual property at all. Sometimes these conflicts should be solved via a mediator with knowledge in psychology and coaching rather than a lawyer. This way, the conflict can be put where it belongs instead of contaminating other areas of the life of the people involved.
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