How to avoid infringing others’ IP rights

There’s a lot of IP in the world, so the chances of accidentally infringing on someone else’s is not negligible. How do you avoid this?

There's so much IP out there in the world that there's always a risk of infringing on someone else's property. Something you thought was an original idea could have already been registered, copyrighted or used in trade. Being accused of infringing another party's IP can be a costly event to deal with – what can you do to avoid this situation in the first place?

Search before you use

You should always start by searching the internet for evidence of the IP before you use it. If you've come up with an idea for a product, search the web for evidence of its existence. Thought up a great business name? See if someone else is using it.

Besides general internet searches, it's also a good idea to check databases of officially registered IP. You can search through registered trademarks and patents, for example, on the IP Australia website.

Always check if the idea you've developed independently is already owned by someone else.Always check if the idea you've developed independently is already owned by someone else.

Know what you own

Not all accusations of IP infringement will be correct, so it's important you know what you own in order to fight an accusation. Keep detailed records of when you develop ideas, the first times that you use them, and any other information that would be instrumental in proving ownership of a piece of IP. 

If you don't know the rights, don't take the risk

If you don't know who has the rights to a piece of IP, don't use it – it's not worth the risk. If you have a blog, for example, finding and using images on internet that have no licensing information is a recipe for trouble. If the picture you use turns out to be owned by someone, even if they hadn't claimed it in the place you found it, you can still get into hot water.

If you discover that you've infringed another party's IP rights, they will often send you a letter notifying you of this and giving you a chance to stop doing so before they take any legal action. While this means you might be able to avoid the costs of legal action, it can sometimes mean you're forced to give up something you've invested a lot into, which can be a significant cost in itself.

As ever, the best way to avoid potential infringement is to consult with the expert IP lawyers at Alder IP. Get in touch today for a free consultation