It is considered intellectual property infringement when any work protected by intellectual property laws is copied, used, or exploited without the owner’s permission.

In today’s complex global marketplace, it is extremely common for valuable intellectual property rights to be violated.

It has become easier and faster for infringers to exploit the intellectual property of IP owners due to the rapid development of technology on the internet.

Laws governing enforcement:

IPRs are protected by various international and national laws and instruments, such as the TRIPS Agreement, copyrights, trademarks, geographical indications, industrial designs, and patents.

Detailed requirements include:

Protecting your intellectual property rights is the only way to maximize the benefits of your creative work. Once the material is protected, you must vigorously enforce your rights through notices, cease and desist orders, and even legal action. If you fail to protect your rights, it can not only harm your bottom line, but also revoke the protections available to your property in the future.

When an individual or group infringes upon your granted patents, prompt action must be taken. An infringing party may only have to be demanded to cease the infringement in some cases. Other times, you may need to file a lawsuit in order to enforce your rights.

An infringement case will be determined by examining the scope of the patented claim, the allegedly infringing act, and whether the alleged act violates the patent’s monopoly. Furthermore, the court will determine whether the infringing party was making, using, exercising, selling, or distributing products or services in violation of your patent.

Therefore, patent enforcement cannot take place until your patent has been granted. A broad level of protection should be obtained during this process.

While damages can certainly be awarded, the first step in enforcing your patent is to obtain an injunction or other means of preventing the infringer from continuing to infringe.

January 2023
Delhi High Court sets aside registration of ‘Swiss Military’ trademark by private company
The Delhi High Court has set aside the registration of ‘Swiss Military’ and the logo by a private company called Promoshirts SM. The HC has held that a red cross with white background and the words ‘Swiss Military’ serve as a source identifier for the goods of Swiss Origin for the public.
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January 2023
Return of iconic Yezdi motorcycle hits legal hurdle, Karnataka HC cancels trademark acquisition by heir of original maker
The return of ‘Yezdi’, an iconic Indian motorcycle from the 1970s, has suffered a legal setback with the Karnataka High Court ruling as illegal the acquisition of the ‘Yezdi’ trademark by a member of the family of the original owners — Ideal Jawa (India) Pvt Ltd — which went into liquidation two decades ago.
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December 2022
India to seek IPR waiver for green energy tech at G20
India is planning to push for a waiver of intellectual property rights (IPR) for technologies related to green energy and energy transition in a bid to bridge the technology gap across G20 countries, two officials aware of the matter said. India took over presidency of the grouping earlier this month.
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