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Infringement of Intellectual Property

The infringement of intellectual property is an encroachment upon an owner or a registered user of property by an outsider without the owner’s prior approval. Illegitimate use of other registered property consequently leads to infringement.

An intellectual property amounts to infringement when the below mentioned facts are fulfilled

  • a properly registered intellectually property amounts to infringes
  • The person who claims for infringement should be the sole owner of the intellectual property
  • The intellectual property should be used for an unauthorized purpose

Who can sue?

A registered owner of intellectual property or a registered user of such property could launch proceedings for infringement of the intellectual property.

Infringement of intellectual property includes:

Trademark infringement

The infringement of a registered trademark leads to unauthorized or illegal use of a trademark or service mark. Infringement may occur when such use could cause confusion between the original trademark and the proposed trademark.  An owner of a trademark may claim rights and remedies for violation of rights attached to a trademark

Copyright infringement

The copyright infringement is a violation of the registered copyright that is covered by copyright law in a manner that violates one of the copyright owners’ exclusive rights such as to reproduce or perform the copyrighted work, or to make derivatives works.

This infringement takes place by rec recreating the work in any material form, issuing copies of the work to the public.

Patent infringement

A person can use a patented product by seeking permission from the owner of the patent. This permission may be typically granted in the form of a license to use the patent. Infringement of a patent is an act of using a patented invention without permission from the patent holder.

Remedies for infringement:

An intellectual property owner may general have the right to bring a civil suit against someone who is infringing. Here are several laws that protect each form of intellectual property, infringers can face multiple penalties as mentioned below:

Payment of damages intellectual property owner: the most common remedy for intellectual property infringement is an award of damages to the owner. The order that is monetary is generally intended to compensate the intellectual property owner for the damages they have suffered in the form of lost claims or loss to its reputation.

Enhanced damages to punish the infringer: in some instances, a court can impose that are beyond the damages suffered by the intellectual property owner. These enhanced damages are meant to serve as punishment for the party that has infringed. These enhanced damages are not as common as they intended to punish entities that have engaged in particulate bad conduct.

An some cases the intellectual property owner will be able to obtain an order to require the infringing party to stop using or selling the protected intellectual property right.

Destruction of protected material: in some cases, the court will order the infringer to destroy the protected material to restrict further unauthorized use of such intellectual property.

Payment of attorney fees and cost: In some cases, the court will require the infringing party to pay the costs incurred by the intellectual property owner in bringing and litigating the case.

How to protect?

  1. Registering intellectual property

The organization may need to register their intellectual property in the relevant authority and follow all the rules and procedures regarding registration.

  1. Establishing contractual relationship

The organization may seek to protect their intellectual property through carefully constructed legal contracts. Contracts that protect intellectual property include the following features.

  • Non-disclosure agreement
  • Clause covering intellectual property such as clear cower ship clause

After establishing the contracts, organizations should regularly engage with their business partners to draw attention to those clauses and to ensure that partners fully understand what those obligations mean for both parties.

  1. Implementing security measures

The organization may want to need to strengthen their security procedures when getting involved in a new international venture. Unauthorized use can quickly identify any malicious activities by internal-external parties. security strengthening practice can include the following examples

  • Conducting background checks
  • Restricting access to essential parties
  • Prohibiting unauthorized copies of intellectual property

Enforcing claims against infringers: Legal costs relating to intellectual property breaches includes damages, such as loss of profits or reputation and settlements to any intellectual property right domestically or internationally.

Intellectual property services

The infringement of intellectual property in a grave crime and can barely affect your business. Intellectual property disputes can often cost business individuals a great deal of revenue and profits. You may need to hire an intellectual property lawyer near you if you need help with any type of conflict or infringement issue. Your attorney can provide you with legal research and advice on a particular claim. HHS lawyers and legal consultants we work with clients to handle intellectual property infringement cases efficiently and cost-effectively. If you would like more information you can call us for further consultation.

M. Al Khatem

Trademark & Intellectual Property

M. Al Khatem is a senior Trademark and Intellectual Property (IP) expert in HHS Lawyers. He has handled some of the firm’s complex, high-profile cases – many involving the protection of trademark and IP rights.