When any work protected by IP laws is copied, used, or exploited without the proper permission from the person who owns those rights is IP infringement. Unfortunately, the infringement of valuable intellectual – property rights is extremely common in today’s complex global marketplace. The rapid technological developments of the internet have led to infringers finding easier and faster methods to take advantage of the IP owner’s intellectual property.
There are various International as well as national laws and instruments which provide legal remedies for violation of IPRs, like TRIPS Agreement, Copyrights, Trademarks, Geographical Indication, Industrial Design, Patents etc.
- Obtaining protection for your intellectual property rights is the only first step to maximizing the benefits of your creative work. Once that material is protected, you must protect your rights vigorously – through notices, cease and desists, and even legal action. Failing to protect your rights doesn’t only hurt your bottom line – it can also revoke the protections available to your property in the future.
- When an individual or group is infringing on your granted patents, quick action is necessary. In some cases, a demand to the infringing party may be all that is required. In other cases, you may need to enforce your rights in court.
- To determine whether infringement is occurring, the courts will examine the scope of the patented claim, the infringing act, and whether the alleged act violates the monopoly granted by the patent. The court will also examine whether the infringing party was making, using, exercising, selling, or distributing products or services in violation of your grant.
Thus, Patent enforcement can only occur once your patent is granted. It is important to obtain the broadest protection possible during that process.
While damages can certainly be granted, the first step in enforcing your patent is attempting to prevent the infringing party from further infringing acts through an injunction or other means.