To have a really good idea is something rare, and being able to maintain it yours could be complicated due to the fact that the market has began innovating based on innovations by third parties when they are not properly secured.

In a global market, being fast to copy ideas that are not properly secured has become almost as important as being able to come up with new solutions. Studies reveal that, in average, innovations are copied in:

• 3 to 4 months in Europe;
•  8 weeks in Silicon Valley;
• 4 weeks in China and South Korea.

We have drafted a small list of "what not to do" when the "great ideia" appears our a new brand is to be launched in the market:

Mistake 1: The business is small!

Large empires were born from small businesses. 99% of portuguese companies are comprised of SME's, being responsible for 60% of the overall business volume. To achieve sustainable growth and to not risk a losing competetiveness, it is essential to secure the exclusivity of the business and to ensure your clients that the company is safe in the market.

Mistake 2: To consider the brand as an accessory to the business.

Your brand allows you to distinguish and transmit confidence to the market. Only a registered trademark prevents other from illegitemely using it. Your brand will always be the product or service identity, giving it a unique personality.

Mistake 3: Not to patent inventions, resorting to corporate secrecy.

The best way to protect an invention is usually by means of a patent right. In a business, corporate secrets are seldom safe. There are inumerous cases of employees that misapropriate the company's secrets for their own commercial use.

Mistake 4: Not to innovate because it's not worth it!

It is worth to innovate, be creative, be different. The market welcomes it and the profitability rewards it. There are very few cases in which you may not secure your invention, be it by securing a patent or filing for a trademark  application. Appropriate counsel may be the difference between not knowing how to secure your innovation or to be able to create a relevant and rewarding Intellectual Property portfolio.

Mistake 5: To consider Intellectual Property rights as an isolated element.

The company is dinamyc and all different sector that it comprises are related. Why would protecting your innovation be any different? Research and Development, Marketing and Intellectual Property rights are essential elements in a company, and must evolve hand-in-hand, bringing integrated value to the company.

Mistake 6: To comercialize brands with a XIXth century mindset.

Reality has changed, and it is now necessary to understand that this is a new social era for brands and organizations. For that reason, it is important to build relevand dialogs with your target audience, using strong and influential images. It is important to persuade and potentiate sales with dynamic communication, which is only achievable with new and up-to-date brands.

Mistake 7: To do it all in-house.

In todays society, outsourcing could be the most efficient and economic solution, allowing for an extension of your human resources and obtaining highly specialized coollaborators. In Intellectual Property matters, the same happens. Companies that decide to protect their innovation and brands without the proper knowledge, skill-set and technological support, risk not achieving their goals, becoming an easy target for competitors. Intellectual Property law may be a bit overwhelming, diverse and complex, but with the support of a specialized consultancy firm, you will be able to bring the expertise to your business, with no risk of losing an important right.

Mistake 8: To consider that it is no use to spend resources in Intellectual Property.

Studies show that a high IP ratio (Intellectual Property costs / Business volume) represents a significant advantage, visibility and security, due to the guarantee in the protection of your corporate communication. While avoiding copy and unlawful misapropriation, the company is able to secure the investments made in brand creation, marketing, communication, etc. Should the company commercialize its products/services through a non-registered brand, it is vulnerable to actions raised by competitors to undermine its activity.

Mistake 9: To sell with securing a trademark.

To underestimate Intellectual Property means not only losing the opportunity for a company to consistently differentiate itself from the competitors, it also implies the risk of selling products/services that may conflict with prior registered rights, and risking legal procedures that may entail heavy restitutions for damages.

Mistake 10: To consider that, existing unlawful competition, you lack the finantial resources to react.

Statistics show that imitations are in a far lower volume, when the target to imitate is properly protected. The fact that a registration exists, and that the registration is under careful surveillance, allows for an early detection and prevent its entry in the market. On the other hand, oppositions are actions filed in defense of an IP right owner, and are a usual, and thus economical, action to file. Its costs are irrelevant when compared to the risks of presented by not acting against a competitor coming into market.