Intellectual Property

Developing Intellectual Property in Miami

You have invested a great deal in developing your intellectual property. No matter what form your intellectual property takes, you have every expectation and reason to believe that you have the sole right to profit from it, so long as you have taken steps to protect it.

Intellectual property is a complex area of the law. Not only do you need to follow a process to protect your own works, but you must also be prepared for disputes with other parties based on the usage of this work. These issues are against the backdrop of what could be a unique or highly complex invention or composition.

You need the right legal assistance from an intellectual property attorney.

Areas Where There May Be Potential Intellectual Property Litigation

There are several primary areas of intellectual property law:

• Patents – you can obtain protection for your inventions or utilities.
• Trademark – you can trademark your brand name, goodwill, or symbol to guard your own brand
• Copyrights – original works, such as manuscripts and songs, can be copyrighted and registered
• Trade secrets – even if you cannot formally register your intellectual property, it may be protected from others improperly obtaining and using it under federal and state trade secret laws.

Each of these areas of intellectual property law involves its own process to obtain protection. For example, if you are trying to obtain a patent, you would need to show that your invention is novel, useful, and non-obvious. The patent examiner could deny your application, and you may be forced to go through patent courts.

You Must Take Strong Action to Defend Your Rights or Defend Yourself

It is vital that you move quickly to obtain the fullest possible protection and enforce your rights if someone else has infringed upon them. Unless you have some type of formal protection, it is as if you do not own the rights to anything.

Regardless of the type of work or invention that you have, the process of protecting your time and investment can be difficult. There could be various challenges along the way that you would need to overcome with the help of a lawyer.

Intellectual property disputes can also be difficult and high-stakes affairs. If someone else is infringing on your rights, it could cost you a considerable amount of money. If you have obtained a patent or trademark, or you have registered your copyright, you have the right to take action. The Milian Legal Group provides you with tough litigation representation to make sure that your position is heard in an intellectual property case.

Potential Damages in Intellectual Property Litigation

Enforcing intellectual property rights could begin with a letter from your attorney to the infringing party, directing them to cease and desist what they are doing. If the matter is urgent enough, you may not even have time to talk. Instead, you would move straight to a lawsuit where you would seek a number of remedies, including:

• Damages that you have suffered from the violation of your intellectual property rights
• Punitive damages if the action was deliberate
• The profits that someone else made from wrongfully using your intellectual property

In addition, you may also seek a court order directing someone to stop their behavior, either temporarily or permanently.

Licensing Agreements as a Resolution to an Intellectual Property Dispute

In some cases, you may seek to license your intellectual property to someone else. They would have the right to use it, subject to an agreement and their paying royalties to you. Intellectual property licensing agreements are complex contracts with highly customized terms. You would need an attorney to negotiate and draft the agreement to provide you with the best possible terms.

At the same time, others may accuse you of taking their rights. When this happens, you could be facing large possible damages. You may need to work out an acceptable solution with the other party or defend yourself in court. You should never try to do this on your own, given the potential stakes.

“Our attorneys work hard to build a strategy around each case. We walk into court rooms with a complete plan of action.”

David P. Milian

Founding Attorney

Contact a Miami Intellectual Property Attorney Today

The Milian Legal Group has deep experience working with complex and challenging intellectual property issues, especially when you need a tough litigator. We put the focus on the client, partnering with you to help deliver the results that you need. We are standing by and ready to help you with your intellectual property litigation needs. You can reach out to us online or call us today at (786) 808-9736 to consult with an experienced intellectual property attorney. We offer free consultations – you can discuss your case with us free of charge.