Intellectual Property Enforcement

Intellectual property Enforcement is basically the parties (i.e. the owner of the IP) legally enforcing his IP at the time of infringement by other parties.

One has to be more conscious about the competitors and the market place regarding the enforcement of the IP. It is the duty of the owner to have a clean check on the IP. Once he finds any infringement he shall enforce his rights through the appropriate forum.

Enforcement of Intellectual Property is essential when there is infringement, so that you can resume your rights. On the contrary if you fail to take necessary steps for enforcing your right, the point in acquiring such a valuable IP rights would become liquidated which most of the owners don’t want to.

When International Intellectual Property rights are violated, they are at times treated as a criminal offense as it depends on the facts and circumstances.

Enforcement of IP becomes purely essential when you represent your property as an organization or as a business entity. The non management of IP is likely to result in deemed loss as the wrong of passing off and such kind may occur. For the effective functioning of the business/ organization managing of IP in the manner that it does not get infringed is essential. Unfortunately, if infringement happens when the immediate step towards enforcement is to be taken so as to reduce the damage.

Generally, infringement of trademarks is enforced instantly as it may cause huge damages to the owners. A classic example of essentially enforcing IP shall be seen in the Intellectual Property disputes among Apple and Samsung.

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About Soundararajan

Pursuing BBA LLB in Symbiosis Law school,Noida (Symbiosis International University). Intern under Biz & Legis (from May 13 to June 12, 2013)
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