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.
IPRs are protected by various international and national laws and instruments, such as the TRIPS Agreement, copyrights, trademarks, geographical indications, industrial designs, and patents.
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.
The plaintiff, in this case, is Toyota Jidosha Kabushiki Kaisha and they seek to prevent the defendant, a spare parts supplier by the name M/S Prius Auto Industries Limited, from the usage of the trademarks- “Toyota”, “Innova”, and “Prius”. According to the finding of the court, two of the three trademarks mentioned, namely Toyota and […]
Intellectual property rights create a situation in which the inventor or the creator enjoys full ownership and rights to commercial exploitation of his creation while everyone else is excluded. The justification is that such a creation, if it has material value, must benefit the creator while preventing others who would otherwise commercially exploit the concept […]
WIPO defines copyright as the right of creators to ownership of their creations and to make use for commercial or other purposes. Copyright today covers literary creations, printed material, computer programs, data, audiovisual media, dance, paintings and drawings, photographs, sculpture, architecture, ad material, technical drawings and others that are the outcome of intellectual effort. From […]