In case your intellectual property has been used without your permission, an intellectual property infringement has taken place. This could be done by a former employer, employee, a contractor who you may have hired in the past or just about anyone else.
Enforcing Intellectual Property Rights
There are many reasons why you should be enforcing intellectual property infringement. Some of these include the following
It’s necessary to protect the value of your intellectual property. In case someone makes use of your patent and trademark, your intellectual property loose its value.
As long as people can’t use your intellectual property for free, it remains protected.
It is also the only way you can stop an infringer from using your intellectual property. You can even seek help from court in order to stop the infringer. The court order used to stop an infringer is known as injunction.
It help you to seek compensation for the loss of value of your intellectual property. The court can order the infringer to compensate you financially.
This is also referred to as paying damages.
It can also help keep your intellectual property protected. In case anyone uses your property, it may also affect your reputation.
This also deters infringers from making use of your intellectual property. They may think twice about misusing the intellectual property - Learn more about patents and protecting your ip from infringement.
Why invest in infringement rights when you may have to take legal action?
It’s not necessary you may need to take legal action even if you invest in infringement rights. Just the fact that your intellectual property is protected is enough to deter infringers from misusing it. There’s a chance that people may not infringe your intellectual property on purpose. Those who might think of doing so are only discouraged because they know they may have to pay you compensation if you decide to take legal action.
Court orders for intellectual property infringement
The court orders for intellectual property infringement differs from case to case.
Injunction. Injunctions are of two type. An interim and a permanent injunction. The first kind is temporary but it’s an urgent order which requires the infringer to stop infringing as soon as possible.
This is an urgent form of injunction because the court has been persuaded that an infringement has definitely occurred and it requires immediate action.
Once the court determines that actual infringement has occurred, it can be decided to serve permanent injunction. Hire a business startup lawyer specialised in protecting your business, click here for more information.
The infringer may then be required to pay the damages which occurred as a result of them using your intellectual property. All profit which they earned from infringement must be handed over to you.
You can issue a letter of demand to the infringer where you can order them to stop infringing your intellectual property. Sometimes the infringer may not be aware of this fact until they receive the demand letter. Sometimes a letter is enough to stop infringement in its tracks.
Spotting trademark infringement is easier when you keep the above mentioned things in mind. If you want to get more information regarding trademark infringement, make sure you contact Studio Legal.