IPR STRATEGIES

Enforcement of IPRs

Once a piece of intellectual property (IP) gains popularity among the public, it is not unlikely that enterprising traders may try to cash in on it by reproducing or substantially copying the protected material for their own gain.

The infringement of IP rights not only diverts away profits and royalties rightfully due to the IP rights owner, it also hitches a free ride upon the goodwill generated by monies spent on publicity, advertising and research. The public is also often misled or confused as to the origin of the goods or services.

In light of technological advances and especially with the advent of the Internet, the increased ease of copying has challenged IP rights owners to be watchful of infringing activity. To this end, the services of private investigators may be engaged to assist IP rights owners in "keeping an eye" on the market.

The burden of proving infringement lies on the IP rights owner. In doing so, heavy reliance is placed on the evidence that has to be adduced in order to establish a case. The most important piece of evidence would be the infringing article, which may be obtained through private investigators. Upon perusing the evidence at hand and taking into account all relevant circumstances, we would be able to formulate a strategy as to the course of action to be employed.

IP rights are essentially private rights, the enforcement of which is often a "self-help remedy" i.e. the impetus to enforce the rights originates from the IP rights owner. Fortunately, the law provides numerous effective and readily accessible mechanisms by which an IP rights owner may enforce his rights, depending on the IP rights owner's budget and objectives.

Civil Remedies / Criminal Liabilities

Once infringement has been established, consideration can be given to pursuing civil and/or criminal liability in your country. The relief that the Court may grant in a civil action for infringement may include an injunction and either damages or an account of profits. In many countries, the Court may also be empowered to order the infringer to deliver up to the IP owner the infringing materials.

The relevant criminal penalties, e.g. prison sentences and fines, would however vary from country to country.

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