Intellectual Property Rights Violation

Intellectual Property Rights Violation – get the overview

Intellectual property rights violation, simply explained, is the infringement on an individual or a group of individuals’ intellectual property right. A violation could be: copyrights violation, patent violation and trademarks violation. There are numerous ways a person can violate intellectual property rights. In this article we will go through the major ways through which intellectual property rights can be violated.

In the following we will list out and explain clearly, the types of intellectual property rights violation we have below:

Types of Intellectual Property Rights Violation

Trademark violation

This is a situation whereby the exclusive rights attaching to a trademark is violated. This is done without getting permission or license from the original trademark owner. This type of intellectual property right violation occurs when an individual, “the violator”, uses a trademark which is so related to an original trademark in a way that could get them mixed up for one another and the “violator” renders the same products or services. The original owner of a trademark may proceed legally against the individual who violated its registration.

Patent violation

This is very different from the trademark violation. It is simply the commission of an impermissible act that has to do with a patented invention, without being permitted by the patent holder. Though patent violation normally consists of using patented invention, its description may differ by jurisdiction. New York, and all the cities within it, used to have a commercial purpose to which patent violation is constituted.

Copyright violation

Unlike the duo explained above, copyright violation is an intellectual property right violation that has to do with the outlawed use of work under copyrights, as well as violating the sole rights of the copyright’s holder. For example, the right to copy or recreate copyrighted works.
There is a need for companies to go through the proper processes of registration at the Intellectual Property Office. This needs to be done in order for them to acquire protection and monopoly rights. However, copyrights and design rights occur automatically upon creation, but they are not covered by legal protections.

A company must get the awareness of how and when Intellectual property violation occurs, in order for it to take all the necessary steps to utilize its exploitation as well as protection.

However, after a company has recognized its intellectual property, it must:

  • Manage its intellectual property portfolio.
  • Conduct a review and make a decision whether it is obligatory to maintain all trademark, patent, domain name registrations, copyrights and registered designs.

. Maximize and capture value.

  • Enforce one’s rights and Monitor infringement.

Bottom line

Since Intellectual property rights violation comprises of the act, directly or indirectly, deliberately or mistakenly, taken to infringe on an individual or a group of individuals’ intellectual property rights. It will be very wise to take note of every of the explained types of rights violations stated above, so as not to end up answering to a judge.


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Posted in iplaw, trademark.