21 Feb Intellectual Property Infringement and Patent Law
An intellectual property infringement is the violation of an intellectual property right. The different types of intellectual property rights are copyrights, patents and trademarks. Thus, an intellectual property infringement may for example can be a
- Trademark infringement-
It is an infringement of the exclusive rights attaching to a trademark without the permission of the trademark owner or any licenses. Violation may happen when one party, the “infringer”, uses a trademark which is alike or confusingly related to a trademark owned by another party, in relation to goods or services which are matching or similar to the products or services which the inventory covers. The proprietor of a trademark may inaugurate legal proceedings against a party which infringes its registration.
- Patent infringement-
It is the commission of a forbidden act with reverence to a patented invention without getting permission from the patent holder. License may be typically being granted when you take permission. The description of patent infringement may differ by jurisdiction, but it normally consists of using the patented invention. In New York, White Plains and all cities within New York, it is used to have a commercial purpose to constitute patent infringement
- Copyright infringement-
It is the unauthorized or forbidden use of work under copyright as well as infringing the copyright holder’s sole rights, for example, the right to copy or reproduce the copyrighted works.
Some of the techniques to detect intellectual property infringement comprise of:
1) Fictitious entry, for example:
- Fictitious dictionary entry-An example to fictitious entry is Equivalence incorporated in the New Oxford American Dictionary.
- Trap street -A fictitious street incorporated on a map for the exploit of “trapping “probably copyright infringement of the map
2) Watermark, is a familiar image or outline in paper used to recognize authenticity
In today’ deepen financial recession, it should be on every decision maker’s dash board. It can be an extremely fine line between an organization remaining steady and sustainable and fighting for its economic survival. Often it gets unnoticed, economical, and ‘financial survival can lie in valuable management i.e.organization ability to be familiar with, make the best use of, position, and take out value from its property.
Some intellectual property infringements need a proper process of register by the holder to the Intellectual Property Office, in order to yield protection and monopoly rights to the holder. Whereas copyright and design rights, occur automatically upon formation, but do not look after from a third party’s self-governing creation simply from copying.
Of course, intellectual property infringements, only look at the expression of approximations, not at the ideas themselves, at a very first phase it is significant that, right privacy provisions are put in place to make sure that discussion of the various parties are at the beginning, are protected and not revealed. However, a company must be aware of how and when Intellectual property infringement is created, in order to take all the required steps for its exploitation as well as protection. This stated that contracts of employ requires adequate provisions, commissioned works have to be protected by suitable contracts and dealing with creation of intellectual rights which invest the intellectual property in the company commissioning the work.
However once a company has recognized its intellectual property, it needs to:
· It must manage its intellectual property portfolio.
· It must conduct a review and make a decision whether it is obligatory to maintain all trade mark, patent, domain name registrations and registered designs.
· It must maximize and capture value.
· It must enforce one’s rights and Monitor infringement.
Paul M Millman