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http://www.ecommerce-guide.com/news/news/article.php/517201
By Robyn Greenspan November 21, 2000 It''s difficult to come up with a new concept that can be sold on the web so ecommerce has mostly become comprised of a handful of good ideas and their imitators. Ultimately, successful e-businesses will be the ones who are doing it better, not those who did it first but if you created a new method for utilizing the Internet, your intellectual property is entitled to protection under the law. Intellectual property is literally defined as an idea that is intangible or a virtual representation of thoughts or ideas. Intellectual property can include copyrights, patents, trade secrets and trademarks. Building a new mousetrap qualifies as an invention, but creating a new way to use a computer mouse can fall into the intellectual property realm. If you believe you''ve come up with a great new idea, it''s important that you document all the steps that you are taking to bring the concept into fruition. It used to be a commonly accepted practice to mail yourself a certified letter containing your idea, concept, words, song, etc. and then keeping the unopened envelope somewhere safe in the event that a copyright suit develops. Unfortunately, any evidence can be challenged and today''s litigious society demands more measures to ensure intellectual property protection. Due to the copious amount of information that can be found online, some of it confusing, the best course of action is to contact a lawyer. Attorneys are bound to confidentiality agreements and can guide you through the proper channels, such as applications and registrations, to protect your intellectual property. By the same token, if another individual had the same idea and already went through the protection process, your attorney can spare you from being served with a lawsuit. As tempting as it may be to share your ideas with others, it''s not wise. There is nothing preventing another person from taking your concept to another level if you haven''t obtained legal safeguards. If you believe someone is infringing on your protected intellectual property, a court can grant a restraining order or injunction until the matter is settled. Here are some valuable links to get you started on the details of intellectual property. Don''t substitute your own interpretation of the information for professional legal advice. World Intellectual Property Organization |
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