Intellectual Property Lawyer in Los Angeles
What is IP litigation?
In business and commercial law, intellectual property is an idea, creation or other type of concept that is the sole property of the creator. When referring to "IP litigation," this typically involves a dispute over the ownership or rights to certain intellectual property. Intellectual property can be protected by property rights that can include copyrighting material, trademark symbols, patents and other types of protections. Therefore, IP litigation can involve claims of copyright infringement or ownership disputes. Our Los Angeles business lawyers are able to represent those whose intellectual property rights have been infringed upon as well as those being accused of intellectual property theft.
Intellectual property theft is a serious allegation and can be investigated by the Federal Bureau of Investigation (FBI). If you are being investigated by the FBI or another federal agency then you need a strong and experienced advocate in your corner. This type of theft, according to the FBI, involves "robbing people of their ideas, inventions and creative expressions- everything from trade secrets to proprietary products and parts to movies and music and software."
The FBI has also stated:
Preventing intellectual property theft is a top priority of the FBI's cyber program. We specifically focus on the theft of trade secrets and infringements on products that can impact consumers' health and safety, such as counterfeit aircraft, car, and electronic parts. Key to our success is linking the considerable resources and efforts of the private sector with law enforcement partners on local, state, federal, and international levels.
Intellectual property theft is typically motivated by financial gain, and therefore could also be considered a white collar crime in addition to an area of business or commercial law. The World Intellectual Property Organization (WIPO) also has an intellectual property handbook that outlines the various laws related to IP as well as how they can be enforced. Depending upon the severity of the allegations, this can be considered a crime at the state or federal level.
Enforcing Business Law – Promoting Economic Growth
The United States operates on the basis of fair competition in the economy. Intellectual property theft and infringement can harm that economic growth by giving others an unfair advantage. These allegations are serious. If someone has committed IP theft against you as the rights holder, then you are entitled to take action. Not only can IP theft cause you serious financial losses, but it can also harm your reputation and your growth in business. You should know that you and your intellectual property are protected by a number of different laws such as the Anti-Counterfeiting Trade Agreement (ACTA).
Being accused of intellectual property theft can also cause significant damage to your professional and personal reputation. Being convicted of this crime can also make you vulnerable to criminal penalties as well as federal civil remedies. Listed below are some of the various sections of the United States Code (U.S.C.) involving intellectual property disputes and related crimes:
- 17 U.S.C. § 501: Laws pertaining to copyright infringement
- 18 U.S.C. § 2319A: Laws pertaining to "bootleg" (not officially released with legal authority by the artist) recordings of live musical performances.
- 15 U.S.C. § 1114(1): Laws pertaining to unauthorized commercial use or reproduction/imitation of products with a federally registered trademark.
- 18 U.S.C. § 1832: Laws pertaining to stealing trade secrets in order to gain a commercial advantage.
Contact our Los Angeles business lawyers today!
At Matthews Law Firm, we have more than 20 years of experience dealing with business and commercial disputes. Intellectual property is a very specific niche of business and commercial law, and therefore requires representation only from an experienced business lawyer. To learn more about what our firm can do for you, as either a victim of IP theft or someone being accused of IP theft, please do not hesitate to contact a Los Angeles intellectual property attorney from Matthews Law Firm today!