One of the fundamental things to note when it comes to intellectual property rights is that the IP holder bears the burden of enforcing their rights. This means that you are tasked with identifying any infringement as well as taking measures to prevent continuous infringement of your IP.
That said, the government, through the courts and other agencies, can facilitate the enforcement of your right. This is achieved through providing a platform—civil courts or administrative tribunals—for litigation. As such, your legal mandate of monitoring the marketplace for any unauthorized use of your IP remains intact. Therefore, if you think that your IP is being infringed, then it is imperative to take critical steps to stop this.
Here is a brief elucidation of what you need to know about enforcing your IP rights.
What should you do in case of infringement?
Infringement typically occurs in many ways, and it may at times be challenging to detect. However, if you suspect that your IP is being infringed, it is imperative to seek the help of an expert—especially an IP lawyer.
Your next course of action depends on the tools available in your jurisdiction for enforcing your IP rights. However, you can stop infringement through the following:
Use a Cease and Desist Letter
A lawyer can help you draft and send a cease and desist letter. The purpose of this document is to notify the other party that a conflict between your IP rights and their business activity exists. In addition, it sets out the best exact area of conflict that denotes infringement and proposes a possible solution to discuss the problem.
A cease and desist letter is often a simple solution where the alleged infringer does so unintentionally. Therefore, by sending the letter, you are simply communicating that they should take a defined course of action, such as discontinuing their activities or negotiating a licensing agreement.
Use the Notice and Takedown Procedure
This is a standard procedure to take once you find unauthorized use of copyrighted materials online. To prevent further infringement, you are required to contact the internet service provider to pull down or disable access to the unauthorized content.
Use of Judicial Proceedings
Initiating a judicial proceeding typically occurs when infringement of your IP persists. A court —being governed by federal law—may provide remedies to protect your IP from further infringement. For example, a court may issue an injunction to prevent further infringement—once infringement has been established.
In addition to this, the court can award you remedies in the form of compensation for the damages that you may suffer. And at times, the court can order seizure and disposal of goods found to be in connection with the infringement.
At times, the form of infringement may be a violation of a statute governing criminal offenses. In such a case, you may inform the necessary authorities to investigate the matter and take the necessary steps in accordance with the law.
How Can you Protect Your Intellectual Property?
As an IP holder, you need to take steps to protect your IP from infringement. This can be done through undertaking the following:
- Registering your IP: Although not necessary, it may be helpful to register your IP since it enables you to have a legitimate claim over it. Also, it helps when it comes to awarding statutory damages.
- Ensure you have effective IP-related clauses in your employment contract: This is imperative, especially when hiring staff such as independent contractors, because it sets out any IP-related issues.
- Ensure you have proper physical protection methods for documents, samples or any other machinery.
- Close any potential loopholes that counterfeiters may use to reproduce fake products.
- Work with a qualified IP attorney: With an attorney, you can navigate through the legal process of drafting contracts and also resolve IP-related disputes.
Bottom Line
If you suspect that your IP is being infringed, then it is imperative to seek help from a qualified attorney. This helps you make the best decision that will assist your case.
Contact Larson and Larson today for IP protection.