Something as simple as the photography or music with which you promote your products or services can become a cumbersome nightmare if you do not ensure that you are complying with laws that protect intellectual property and copyright, especially in an era increasingly digitized.
In legal practice, the improper use of these elements is among the highest incidences of infringement of Intellectual Property rights, said Roxana Cordero, a lawyer at EY Law, based on her experience.
As Cordero explained, having a registered trademark that identifies the company or the commercial activity that is being carried out, grants exclusive use of it, within its business category. This will allow, in addition to the company or activity to distinguish itself and position itself among its competitors and, in front of its consumers, it will guarantee that it is not infringing the trademarks of third parties in the market.
Many times we are asked about how to do it if the brand is a website and products are sold all over the world. The reality is that there is a very high cost of registering the trademark in all the countries of the world and for this reason, in these cases, what is always recommended is to seek protection in those target markets, those markets where their products are most commercialized or services and progressively advance
When choosing a domain name, digital merchants must be very sure that the chosen domain name is not the brand of another company. If a domain name registration contains someone else’s trademark, it constitutes trademark infringement.
That is why, when it comes to electronic commerce, it is essential to take into account a series of considerations, which, although they are not mandatory under the Law, will support and protect your business:
Register property rights, especially trademarks, to prevent third parties from using and registering identical or similar signs and avoiding the risk of infringement of third-party trademarks. Publish notices of registered trademarks ® and especially of copyright ©, with their corresponding symbols.
Draft comprehensive property rights clauses in the terms and conditions of the websites, ensuring that it protects all the intellectual property of the website and clearly expressing to the user what they can and cannot do with its content.
It is also important that companies ensure that they have all permissions, licenses for use or authorizations in writing, to make use of third-party intellectual property rights, as well as take measures against infringements of intellectual property rights, when necessary.