Before understanding how can one enforce their intellectual property rights, let us briefly understand what IPR is.
Intellectual property refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce. Patents, copyright and trademarks all come under IPR, it enables people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish.
Even if one registers their creations as their intellectual property, it doesn’t automatically safeguard them from thieves. With the creation of social media and a sprawling network of webs, it is quite easy and accessible for people to copy works of art and other innovations and call it their own. Hence, one must invoke their rights and take action if they are victim of any sort of infringement.
How to enforce your IPR
1.Document the infringement: The first step is to garner proof, which is why one would need to document anytime someone uses the trademark or copyrighted work. Some ways to document are
1)Take screenshots of the infringement that occurs online.
2)If someone has printed off your work from the internet and is using it offline (to sell, for example), then you should get a copy of what the person is selling or distributing. For example, if you are a photographer and someone else is selling your copyrighted photos, then you could buy a photo from the infringer and keep it as proof.
3)If someone has stolen a trade secret and is using it, then keep a sample of the product and note the days on which it has been sold.2.Determine how much the infringement has cost you:In case of an individual, the money the infringer made by selling your product is entitled to you and in case of a business, one can sue on the theory that the thieves sales would have been the businesses. The more money a victim loses the more aggressively the case can be pursued.
3.Hire a lawyer:If you wish, you can do the first 2 steps with a lawyer as well. The first step decided is commonly issuing a cease and desist order, but in case that doesn’t solve the problem a lawsuit for theft or infringement is the best way to go.
Knowledgentia Consultants provide a watching over mechanism for the intellectual property rights of their clients. Knowledgentia’s team has vast experience in enforcing the rights accrued by Copyright registration under both Civil as well as Criminal law. They are erudite in lodging FIR, conducting raids with police help, lodging criminal complaint and ensuring the arrest of accused is the efficacious remedy under the Criminal law.