What To Do If Intellectual Property Infringement Happens

Intellectual property rights give the creator protection against any unauthorized manufacture

, reproduction, use, sell, or offer to sell. Different types of intellectual property have different categories of protection available as per US laws. These federal laws are applicable on all states, be it Florida or Illinois.

Whether you have written a fiction or invented a machine, you must have exclusive rights over it. After all, it is your brainchild. Lets discuss what happens if there is any sort of infringement of these rights.

Copyright Infringement: The US Copyright Office provides registration for all types of literary, artistic, or scientific written works. However, enforcement is not within their domain. If you think that someone has made copy/copies of your creation, you need to take the matter to a federal court.

Before you consult an intellectual property attorney in your city for representing your case, you need to obtain an official certification of registration from the office. Otherwise, it wont be possible to fight your claim at the court.

Trademark Infringement: Numerous businesses have a certain symbol (sign/letter/word/phrase) that represents them. Once you see this, you know the brand that the symbol stands for. Using the symbol of a particular business for your own commercial benefit is infringement of the trademark.

Suppose you find another business is using the same mark that symbolizes your business. If your trademark is registered, get in touch with a local intellectual property attorney now. Why contact a local legal professional? If you live in Chicago and your attorney lives in Rockford, it would be difficult to work with him. You need a Chicago intellectual property attorney for legal aid.

Patent Infringement: If there is unauthorized use of the patented product or process, it is a case of patent infringement. When you file a patent document, it contains the claims, i.e. the aspects that are novel in your invention and to which you, the inventor, has exclusive rights. Infringement only occurs if those claims are violated.

The first step in almost all such cases is the issuance of an injunction, or Restraining Order, to stop further infringement. The next step is a bit more complicated. You need to prove the occurrence of infringement.

In case infringement is proved at a court of law, you may be able to recover actual damages as well as additional damages like loss of income, punitive damages, and so on. The court may also grant reasonable attorney fees if you can prove the charges.

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by: David Johnson

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