Table of Contents
In October 2024, IBM sued a video game company for alleged infringement of the former’s patents. The news shouldn’t come as a surprise – intellectual property infringement in technology is far more common than you can imagine. In 2022, Harvard Business Review shared a report that claimed that even the Big Tech companies were accused of this offense.
But why is intellectual property in technology so susceptible to infringement?
Advancement and innovation in technology are literally fuelled by intellectual property. From inventions and algorithms to designs, across software and hardware, intellectual property forms the foundation of their growth and also copyright infringement. With the global economy literally depending on it, bad actors have all the incentives to infringe on these ideas.
Nonetheless, the good part is that there are stringent rules and regulations for the legal protection of technology. In this blog, I’ll explore some common cases of copyright infringement of intellectual property in technology before getting to how you could prevent them.
The Prevalence Of Copyright Infringement In Technology
The tech sector has had more than its share of intellectual property infringement, a lot of which have spiraled into infamous legal cases:
Samsung vs. Apple: The legal battle between tech behemoths Apple and Samsung wasn’t just a case of a single instance of infringement. It involved several patent infringement lawsuits filed against each other. The cases, starting as early as 2011, ran till 2018, concluding with a settlement. The episode turned into a bunch of some of the most complex litigation cases in technology to date, involving the biggest of the industry.
Polaroid vs. Kodak: The patent infringement case between Polaroid and Eastman Kodak is one of the longest legal cases of infringement in US history. It continued through the 70s and 80s and ended with Polaroid getting rewarded with $909 million from Eastman Kodak in 1990. Also, being a case of patent infringement, it was one of the first to highlight the scale of losses in a business due to infringement. According to experts, Polaroid lost the scope of much higher profits due to the infringement than what it was rewarded by the court.
This way, litigation of intellectual property infringement cases could get very taxing and extend for years. Lumenci could be of utmost help here, as it has years of experience in helping its clients get the best outcomes in IP litigation.
Moreover, if you’re a business that relies on patent monetization, here’s a blog that could help you develop the best patent strategy. And did I mention that Lumenci could also help you create a profitable patent portfolio?
Infringement Of Intellectual Property In Technology: A Few Common Scenarios
Before you get into the legal protection of technology, know about these common ways of infringement:
Software piracy: This is one of the most widespread kinds of infringement of intellectual property. Software piracy is defined as the illegal use of copyrighted software and can involve unsanctioned selling, licensing, distribution, or other forms of usage.
Patent copying: In technology, patents form the cornerstone for subsequent creativity and development, ensuring that an original work is legally protected. Hence, blatant patent infringement could cause huge damage to businesses.
Trade secret theft: This kind of infringement commonly occurs through leaks of trade secrets through former employees, outright theft, or other channels. In 2020, a former Google engineer was sentenced to jail for leaking trade secrets to Uber.
Counterfeiting: Making exact copies of a certain product with malicious intentions is deemed as counterfeiting. While it was originally related to physical goods, it has gradually expanded to technology as well, with fake devices, websites, or other forms of digital counterfeiting.
Copyright/trademark infringement of digital media: Copyrights and trademarks are intellectual property rights that can legally protect digital content. Copyright registration ensures legal ownership and helps in enforcement against violations. Violation of these rights is also recurrent as a case of intellectual property infringement, where copyrighted material is often used without authorization.
Protection Of Technology: Best Legal Practices
Intellectual property infringement in technology can be generally prevented, or at least, largely minimized, by some of these policies and legal practices:
Data protection measures and secure systems: First and foremost, your business needs to follow the latest industry standards of data protection. Second, secure systems need to be put in place to prevent thefts or leaks of intellectual property.
Licensing agreements and digital watermarking: Legal licensing agreements will enable you to license your intellectual property in a manner you deem fit while also benefiting your business monetarily. Digital watermarking will identify the ownership of your digital products and content and make it difficult for their illegal usage.
Non-disclosure and confidentiality agreements: These legal agreements should be generally signed by employees, vendors, consultants, or any other entity that could have access to your trade secrets. In a court of law, these agreements are termed as the only legal evidence to prove the theft of trade secrets.
Intellectual property rights: From a legal perspective, intellectual property rights like trademarks, patents, copyright registration, and copyrights are considered the best practices to prevent copyright infringement.
Monitoring frameworks: These frameworks, which could include physical teams or software, must be on the constant lookout for any case of infringement. If your business is involved in technology, there is bound to be constant change and innovation in your daily work. It is necessary to keep monitoring if competitors or other actors have infringed your intellectual property or used your copyrighted material to be quick on taking legal action.
The Need For Protecting Intellectual Property and Preventing Copyright Infringement
Intellectual property and copyright infringement is not just unlawful but also a deceitful practice. In technology, following robust legal practices is one of the most important ways to prevent infringement and pave the way for further scope of innovation while protecting your original work. Let’s take, for instance, the patent the Wright brothers received for flight control in 1906. That patent has led to the development of the modern aircraft that we see today. Imagine if someone had stolen the patent back then.
Lumenci can be a trusted partner in your journey towards securing your intellectual property and copyright infringement. Visit us today to learn about our years of experience in this field, and how we could help you!
