When an intellectual property right holder finds that his IP rights have been infringed, or are concerning to be infringed. The focus of his consideration changes from how to obtain and make use of his respective rights towards on making sure that the rights he has obtained through the IP systemare appreciated. This includes, inter alia, stopping unauthorized use, sale, import or export, deterring potential infringements, and obtaining recovery for damages resulting from the infringing act.
An effective IP enforcement management depends on a number of different elements. As a result, IP enforcement policies may compose of complex range of different issues. For example, IP enforcement may concern with details of civil process, accessible remedies, structure and occupation of courts and appellate bodies, cost of court proceedings and legal recommendation. Additionally, alternatives to court measures, such as negotiation or intervention, assistance for right holders in enforcing their rights, and scientific measures that right holders may take to prevent others from illegal uses of their IP rights, may be relevant, as well as criminal sanctions, and the role of civilization services. In order to enforce his IP rights productively, the right holder has to take into explanation a large number of legal issues and realistic considerations.
Basically, intellectual property rights are confidential rights. It is therefore the most important responsibility of the right holder to seek remedies in order to protect those rights. He must monitor the behavior of his competitors as well as developments in the marketplace, and take action to discontinue any infringement of his rights or to obtain improvement of losses.
In serious cases, however, in exacting when the infringement of IP rights is deliberate and for commercial purposes, many countries will consider such infringements to be illegal, and therefore also provide for ex officio-action of the respective establishment.
Accordingly, effective enforcement may need the involvement of a number of persons or entities, such as attorneys, judges, customs, police, prosecutors, administrative establishment, and, in the area of copyright, collective administration societies. In many countries, it may also be possible to obtain information and assistance through contacting national organizations or right holder dealings concerned with fighting counterfeiting, piracy and other forms of intellectual property infringement.
