Companies depend on intellectual property to profit and even survive. So, when it is stolen or infringed upon, it can be a big deal. Intellectual property can be books, ideas, written items, inventions, and more. If a company discovers their intellectual property has been stolen or used without their permission, they should follow these steps:

1. Send a Cease and Desist

Companies should have their in-house attorney send a request to stop the infringement. This letter should include:

• Information about the work that has been infringed
• The type of infringement
• The preferred action the company wants taken

Many attorneys also include a time limit for the offender to complete the action or respond to the letter. The offender will usually react one of two ways to a cease and desist letter. They will either ignore it because they think the company is just trying to scare them, or they will actually cease and desist using the material in question.

If the offender doesn’t respond or comply within the given timeframe, companies should proceed to the next step.

1. Pursue Legal Action

If a company’s registered copyright or trademark is being infringed, it has the strongest footing for legal action. If the copyright or trademark isn’t registered, the company should do so right away. Recovering damages for the time the work is unregistered is more difficult. Also, if it involves a patent, the company can’t file a patent infringement suit until the USPTO has granted the patent.

Depending on the type of infringement, companies will either file a civil case or a criminal complaint. Sometimes they file both.  Here are some of the possible outcomes:

• An injunction is ordered
• Payment is issued for the company’s losses
• A share of the offender’s profits from the use of the intellectual property is awarded
• Attorney’s fees covered
• Punitive damages awarded

Having in-house counsel makes dealing with intellectual property theft much easier. Visit InnovaCounsel’s website to learn about how their in-house counsel operates, whether it be on a part-time or full-time basis.