By: Suzan Hixon
My last post discussed how to avoid infringing the the IP rights of others. ?My fourth and final post on this topic will discuss how to avoid exposing YOUR intellectual property rights to infringement BY others!?While you want to make every effort to avoid infringing the intellectual property rights of others, you must be just as eager to?protect your own intellectual property rights?in cyberspace.???Here are just a few points to consider.
Proper Use of Your Trademarks
Regarding trademarks, consider registering trademarks, including your domain name.? Further, use trademark notices appropriately and consistently throughout your website.? Check to see if any of your company?s trademarks are being used as domain names, and consider obtaining ownership of domain names that infringe your trademarks.? Obtain ?legal title? to the domain name; avoid allowing legal title to be held by the website developer, the Internet service provider, or an employee.
Proper Use of Copyrights
Although creative content on a website is protected automatically by copyright, you should use copyright notices appropriately and consistently to reserve your rights and put others of notice. Further, obtaining federal copyright registration allows you to sue in U.S. federal court for infringement of your copyright.? Under certain circumstances, websites that intentionally copy the so-called ?look and feel? of another site may be subject to claims of copyright infringement in the U.S.? One way to demonstrate copying is to show that the source code is identical.? It is suggested that web designers give their graphics unique names so that if a particular graphic appears on another site with that same unique name, it may be cited as further evidence of direct copying.? As between the site owner and the web designer, again, the issues related to which party is going to be the copyright owner of the elements of the site must be addressed in the contract between these parties, and the agreement should indemnify you or your client should any suit arise with respect to copying the ?look and feel? of a website.
Furthermore, attempt to be proactive in prohibiting copyright infringement of your website and the elements of your website. For example, consider mechanisms to prevent ?cutting and pasting? of information, text, and pictures from your website as a deterrence to copying, or at least explicitly state the prohibition of copying.?? Consider using technology to track third party use of your content, and take steps to ensure that your website fully complies with and takes advantage of the Digital Millennium Copyright Act.
Patents
Although an actual ?patent? is unlikely to appear on your website,? or even be accessible to third parties via your website, you should consider whether patent protection could be available for the technology or business models incorporated on your website.? You should determine whether the ideas underlying the business model used for your website and e-commerce business are adequately protected under patent law.? Further, keep in mind the novelty requirements, and in the U.S. there is a statutory one-year bar (35 U.S.C. ?102), which allows you a one-year grace period after publishing information about your invention, using the invention publicly, or offering it for sale.? In other words, you must file a patent application by the one year anniversary of the first publication, use or sale of your invention to obtain a patent; otherwise, you are statutorily barred.? Outside the U.S., most countries require absolute novelty at the time of patent application filing, and, in many countries, business methods are not patentable subject matter.
Informing Users of Your Intellectual Property Rights
Website owners, particularly owners of e-commerce sites, should strongly consider placing ?Terms & Conditions,? ?Statement of Use,? and ?Privacy Policy? documents on their website.? These are dynamic documents that must be reviewed and continuously amended throughout the life of your website in order to comply with the laws and fluid nature of the Internet.? These documents require exploring beyond the bounds of this article in order to perform an appropriate website audit.? Briefly, however, the documents should include information regarding ownership of copyrights and trademarks, explain any licenses granted to use the site, and outline prohibited activities such as linking, downloading and modifying material from the website.? Further, consider whether you will require users to acknowledge and affirmatively consent to the terms of your website before accessing particular areas of your website and what internal procedures are in place for ?accountability .?
Conclusion
The issues mentioned above? are just a few of the many issues you must consider when implementing a website, whether it be for e-commerce, or solely for entertainment or informational purposes.? Although risks cannot be eliminated in their entirety, a thorough periodic website audit will certainly reduce the inherent risks associated with owning and maintaining a website.? The nature of the Internet and the laws pertaining to intellectual property are enormously complex, and it is vital to follow the dynamic legal landscape associated with the Internet and intellectual property.?? As such, a thorough website audit prior to the launch of a website, and annually thereafter, will address many more concerns than outlined above to avoid the risk of litigation, identify potential infringers, remind well-meaning supporters of the valuable proprietary nature of your intellectual property rights, allow you to take advantage of any new laws and regulations, and, at the very least, give you the peace of mind to proceed with your Internet business.
www.ecoLAWgical.com
www.twitter.com/ecoLAWgical
www.facebook.com/ecoLAWgical
jcpenney loft old navy cyber monday best deals cyber monday best deals brownback brownback
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.