Businesses often have a treasured advantage over their competitors — a secret recipe, their distinct logo, or the visuals of their product. Whatever it is, this "treasured advantage" is considered an intellectual property (IP) that is worth protecting.
However, even after implementing an IP strategy, there are still instances of apparent infringements and theft. So, what can a business do when another company has stolen its intellectual property?
The answer is reaching out to lawyers that sue companies for intellectual property theft.
What are lawyers that sue companies for intellectual property theft?
Also called IP lawyers, these lawyers that sue companies for intellectual property theft can help clients in many ways, including:
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guiding clients in protecting their IPs through different IP strategies
- guiding clients in growing and monetizing their IPs
- dealing with government agencies and IP professionals and agents when it comes to the registration of their IPs
- litigating claims of IP infringement, also called IP theft, including pre-evaluating the weight of these claims before filing them before the court
It’s important to let IP lawyers handle these cases, especially for infringement as they boast the technical skills and expertise in pursuing such cases. Whether it’s within or outside Canada, these lawyers can guide clients towards the right legal remedies.
Aside from their knowledge of the rules of court, they can assist clients in choosing the best route to enforce their IP rights, in addition to just simply going to court. If a decision is not favourable to their client, an IP lawyer can still aid them in the appeal process made with a higher court.
Here’s a video from the Canadian Intellectual Property Office (CIPO) on why IP rights are important for businesses and the ways to protect these rights:
To learn more about how you can sue a company for IP theft, you can reach out to the best intellectual property lawyers in Canada as ranked by Lexpert.
Intellectual property theft or infringement
IP infringement or IP theft can be committed in many ways against a business that owns the IP rights. In Canada, there are different federal statutes that govern each type of IP rights. These laws lay down the IP registration process and define how infringement can be committed by another business. These laws are the following:
An exceptional case would be trade secrets, which do not have their own federal statute, although they’re still a protected IP in Canada. Trade secrets are protected by common law principles and through contractual agreements.
Generally, infringement is the illegal use, production, or selling of an intellectual property. These are in addition to the other modes of committing infringement, as detailed by federal Canadian IP laws. For instance, a copyright is stolen or infringed when a copyrighted material is copied or communicated to the public without its owner’s authorization.
This is why it’s important to consult with a litigation lawyer for IP theft because they’re experts in determining if infringement did occur, as laid out by the applicable law.
Penalties for IP infringement
Depending on what was stated by these federal laws, penalties against intellectual property infringement may include civil and/or criminal liabilities. These are aside from the court issuing an injunction order to stop any further acts of infringement and even ordering an impeachment of an existing IP claim.
What are the steps for IP theft litigation?
When another company has been violating your IP rights or stole your IP, your lawyer can help you build your case before filing it in court. Here’s a picture of what may happen and some considerations for you as the plaintiff:
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identify the company that committed the IP infringement: you must correctly identify who should be held responsible for stealing or infringing your IP rights (e.g., the name of the company, its officers, their address and the place where the alleged infringement was committed); if it involves importing of products bearing the infringed IP, then a non-Canadian company may be involved
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establish the elements of IP infringement: each type of IP rights — whether it’s patent, trademark, industrial design, copyright, or trade secret — will have its own elements on how IP infringement is committed; as plaintiff, you will have the burden of proving IP infringement, for which your IP lawyer can guide you with
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collect evidence of the IP infringement: related to establishing the elements of IP infringement is collecting of evidence for your case in court; each of these elements should have evidence that will support your allegations
After this, you will have to discuss with your IP lawyer the IP enforcement strategy you can use against the alleged infringer.
What are the legal strategies to deter IP theft?
While litigation may be your last resort when enforcing your IP rights, there are other pre-litigation methods that you can also use to stop an infringement. Choosing what method suits your case will depend on the gravity of the offense and the risks involved when pursuing any of the methods. Discussing this with your lawyer is a must.
Here are some IP strategies to prevent or punish a company infringing or stealing your IP rights:
- issuing a cease-and-desist letter to the alleged infringer
- offering the alleged infringer to enter into a licensing agreement
- resolving your IP claim before a mediator and/or arbitrator
- filing a case in court for civil and criminal enforcement
It’s important to consult a lawyer, not only when an infringement happens, but also when your IP has been invented or first created. In other words, protection and enforcement of your IP rights should always come hand in hand.
For resources and a different directory of lawyers that sue companies for intellectual property theft, check out our page on the Special Editions on Litigation Law.