In E-Commerce, Intellectual Property (IP), is indeed
the most neglected yet the highest value bearing component. The real reason
behind the same lies in the fact that the crucial role of IP in E-Commerce is
either less understood or not apparent.
The Intellectual Property Laws and
practices protect the unique works and creations of the owners from
unauthorized use and unfair competition. Therefore, it would be wise enough to
admit the fact that IP is an asset with worth way more than the tangible
assets. Without adequate IP laws and practices, hard work can easily be stolen
and spread around the world, that too, without paying the creator for his or
her effort and labor. When it comes to E-Commerce, technical security measures
are necessary to deter the less proficient thieves, and strict IP laws are
necessary to handle the crimes, which may include cases of Intellectual Property Infringement.
The two primary concerns that
should be there in your mind if your business operates in the E-Commerce
industry are as follows:
1.
Protecting your IP Assets
A pretty common mistake is
disclosing your unique creations and innovations before completing the entire
registration process (be it Trademark Registration, Patent Registration, and so
on) to obtain protection for them. Hence, it is always highly advisable to
consult a legal advisor or get in touch with an Intellectual Property Law Firm before
disclosing anything corresponding to your unique assets.
2.
Not Infringing Upon Someone Else’s IP Assets
Your E-Commerce platform must be
having a lot of product images and descriptions. In this scenario, you must own
all the legal rights corresponding to publishing those images and descriptions.
The videos, logos, icons, sound effects, clip art, and background music
undoubtedly make your E-Commerce platform way more engaging and visually
attractive; however, once again, you must have all the concerned legal rights
for using them well in place.
Many people across the globe
believe that every single thing available on the internet is free for use. Most
of them usually get away with such IP violations as well, which, in turn, makes
us believe that we can do the same too. The truth of the situation is
that when you run a small business, you might be able to fly under the radar;
however, as and when your business grows, your IP violations shall become more
visible. Therefore, every individual must take all the IP related issues
seriously. All the E-Commerce platform owners must ensure that the content
present on their website is in the public domain and covered under fair use.
The owners must also have all the required permissions with them.
IP isn’t Limited to the Content Available on the E-Commerce
Platform
There may be a few cases where you
might think that the fake products on your platform are the headache of the
supplier. However, as a retailer, even you can fall into trouble if you fail to
take all the adequate measures. You must ensure that the supplier is authorized
to supply in the first place, and your platform sells branded and authentic
products at all times.
Performing IP Audits and Documenting Legal Agreements
E-commerce platform owners and
managers must perform regular audits of all their IP assets and maintain an
intellectual property portfolio consisting of website designs, descriptions of
unique products, images, videos, artwork, and new processes developed for all
the services, to name a few. They should also document all the non-disclosure
agreements and other contracts to ensure the utmost protection of their unique
works and creations. For view source:
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