How to Handle Intellectual Property Rights Being Infringed

Ensuring Corporate Documents' Enforceability - What to Know

04/08/2022

We value everything we do, especially if our work involves producing or manufacturing products. As workers, we all have rights that we’re entitled to, and they’re protected by law. However, there are times when a competitor might intentionally or unintentionally imitate certain aspects of your products. This is where intellectual property rights come in.

Intellectual property rights are rights related to items that come from the mind, such as a design, a logo, a written work, a trademark, or an invention. While licenses can be granted to allow third parties to use the protected material, it’s not always followed because the original owner might not be aware of an infringement until it’s too late, or they lack the resources or information to understand that their IP is being used unlawfully. For this reason, we’ll discuss how these rights work and what you can do to pursue legal action.

More about Intellectual Property Rights

Intellectual property rights are granted to owners on different aspects of a product and are granted through the government. To have the rights over an IP, you need to be the author or creator of the product, and you also need to show that you were the one who was responsible for any work done. In this case, having a qualified patent lawyer on your side will be highly beneficial when pursuing legal action.

The right that the government grants can vary depending on the product type, but it can protect certain aspects of a product like a name, design, and the idea upon which it’s all built. Once granted, it’s valid for a specific amount of time, so if it were to be brought up in front of a judge, it would have to be strong enough to have been granted in the

Protect Your IP’s Value

An IP’s value places a monetary number on what this Intelectual Property is worth. In a potential situation where you need to defend ownership of your IP, it’s worthwhile having a value on what it may have been worth in terms of financial merit, this is a good basis to assist you in having a clear and provable worth to your IP.

Injunction

Injunction refers to a court order that would stop the defendant from continuing to use and produce the infringing products. This is considered a drastic step and is only taken when necessary.

Seeking Compensation

It’s considered an infringement if it’s found that the defendant has used an IP without the owner’s permission, and the owner has the right to claim compensation. The compensation you’ll be entitled to is the cost of damages sustained, the profits earned from the infringement, and any other payment that the court may decide on.

Protecting Your Reputation

Reputation, especially when it comes to marketing, is vital. Once customers find out that you’ve allowed your products to be copied, they’ll be less likely to buy from you in the future and quickly lose their trust in your business.

Preventing Misuse

It’s not uncommon for competitors to use your IP to gain trust, and customers may not even realise that the product is a copy. This can damage your reputation, especially if customers get to see both products.

What You Can Do

Seeking legal assistance is best if you and the other party can’t agree. You’ll need to make sure that you’ve gathered all the necessary information, so you can prove that you are the owner of the IP, and you’ll need to be prepared to provide the proof as required.

Of course, working with a lawyer who specialises in the IP subject matter is highly recommended. Due to the technicalities of the law, it can be challenging to take action on your own. By working with a lawyer, you can seek fair compensation to protect your business and rights.

Conclusion

Intellectual property rights are meant to protect and prevent the misuse of a product that’s been created. It ensures that the value of a product is protected and helps ensure that the right person is credited for their work. With this in mind, you should never be afraid to take action when you see your IP rights being infringed because you’re not the one in the wrong.

GLG Legal provides top-quality services for brand protection in Australia. Our legal professionals will ensure your intellectual property rights are protected, and we’ll be there to assist you in fighting for your rights. Reach out today for a consultation!

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