Intellectual property is often traced back to the creativity of humankind. Therefore, they make good their imagination through invention, designs and symbols and all artistic and literary works.
Such creations of the human mind-commonly referred to as intellectual property- have found protection under the law- what is otherwise known as intellectual property law. This legal protection serves to benefit the creators by giving them exclusive rights over their intellectual property.
Therefore, just like any other property, the law provides an avenue where the intellectual property holders can institute a claim for violation of their rights. Such a violation of IP rights is what is commonly referred to as IP rights infringement.
That said, here is a brief overview of IP infringement in intellectual property law.
What is Intellectual Property Rights Infringement?
Intellectual property rights infringement denotes unauthorized use, sale or making for sale any product or material that is categorized as intellectual property. However, the definition of infringement tends to change depending on the intellectual property right that is being disputed.
Infringement of copyrights and patents is defined as the unauthorized production, use or sale of protected intellectual property.
What Rights Does an IP Owner have?
Generally, an IP owner is the intellectual property rights holder. This means that you have an exclusive right over your IP. Therefore, you are accorded protection under federal law.
In addition, you have a right to institute any legal proceedings against any third party for allegedly infringing on your IP rights. If the claim is successful, then the court can award you damages or compensation for any loss suffered.
Violation of Intellectual Property Rights
Your IP rights can be infringed in multiple ways. Such common violations of intellectual property include:
- Infringement of copyright, trademark and patents
- Misappropriating trade secrets
- If there are counterfeits of copyrights or trademarks.
Which remedies are available in an Intellectual Property Dispute?
The success of your civil claim against infringement of your intellectual property rights often results in a remedy being awarded by the court. Some of the common remedies you can be awarded include:
Damages
These are often awarded to the intellectual property right holder once the infringement is established. Often, the court won’t shy away from issuing monetary damages to compensate you for the damage you have suffered, such as lost sales or lost reputation.
Injunction
This remedy is often granted to prevent further infringement by the other party. Normally, a court will grant an injunction to restrain the other party from using, selling or producing the protected IP.
Destruction of Protected materials
The court can also grant an order for the other party to destroy the protected material. This mainly arises where the infringing party is using infringing material against the wishes of the IP holder. Therefore, the only remedy would force him to destroy the materials.
Payment of Legal Fees and Costs
Litigation fees are part of the costs suffered by the IP holder as a result of filing the claim in court. Therefore, where infringement has been established, the court can further grant an order for the other party to pay the legal fees associated with instituting the claim.
Contact Larson and Larson today to learn more about IPR infringement.