7827966854 9121230280

Intellectual Property Dispute

Infringement is the most common type of intellectual property dispute. Intellectual Property is an intangible asset which contains set of rights controlling the ownership, sale of items, any product created by using intellect or creativity such as logo design, literary creation, instrumental composition and machines.

  • Eligibility Consultation
  • Document Preparation
  • Application Drafting
  • Application Filing
  • Government Fees
Watch Video   Schedule Free Consultation

50,000+

Happy Customers

300+

Professionals

250+

Partners

Among Asia Top 100 Consulting Firm

50,000 + Clients

50,000 + Clients

Lowest Fees

Lowest Fees

300+ CA/CS

300+ CA/CS

4.9 Customer Rating

4.9 Customer Rating

Overview of Intellectual Property Dispute

The term Intellectual Property is used to denote the creations of mind, artistic work, literary work, any innovation, symbol and design, names and images used in the business or promotion of business.

Infringement is the most common type of intellectual property dispute. Intellectual Property is an intangible asset which contains set of rights controlling the ownership, sale of items, any product created by using intellect or creativity such as logo design, literary creation, instrumental composition and machines. By finding harmony between the creator’s interest and the extensive public interest, the IP framework intends to cultivate a situation in which both creativity and development can prosper.

Intellectual Property Dispute

Types of Intellectual Property

  • Copyright

    Copyright is an intellectual property right that any creator or innovator hold over their creation and innovation. Copyright registration covers multiple works such as books, sculpture, paintings, music, computer programs, films, advertisement, technical drawings, and maps.

  • Patent

    Patent is a special right given to the owner of the creator. Patent gives the owner a right for his invention, or design, or patent process in exchange of disclosure of invention. In return for this right, the patent proprietor makes specialized information with respect to the innovation.

  • Trademark

    Trademark works as a symbol, mark, sign or logo which helps in identifying the goods and services of one enterprise from the other enterprise in the market.

  • Industrial Designs

    An industrial design talks about the ornamental and aesthetic detailing in an article. A design is three-dimensional feature such as shape or surface of an article or it can be a two dimensional feature such as color, pattern, lines.

  • Geographical Indication

    A geographical indication (GI) is a sign that is used on products which specify particular geographical origin and possess reputation or qualities that are because of the origin. In order to operate as a GI, the sign is ought to identify the product as originating from given place. In addition, the characteristics, qualities or reputation of the product should compulsorily be due to the origin place. Since the product quality depends on the geographical production place, there is an obvious link between the product and the original place of production.

  • Trade Secrets

    Trade secrets are nothing but an Intellectual Property rights which aims to protect the confidential information. In any event of unauthorized acquisition or disclosure of confidential information falls under unfair practice and infringement of trade secret protection.

What are the Common Types of Intellectual Property Disputes?

Infringement is considered as the most common type of intellectual property dispute. Infringement occurs when someone dares to use the intellectual property without legally asking the owner of the property.

Thus, There Can Be:

  • Copyright infringement
  • Patent infringement
  • Trademark infringement

Following Cases Can Be Called As Infringement:

  • Utilizing the logo of one item on another product of the similar type as the first item.
  • Making a logo or utilizing trade in a way that is planned to make buyers think that they are buying an item that is same as the first item
  • Making the duplicate copy of musical recordings, films, and other media and sharing& distributing them for commercial benefit without the copyright owner’s consent
  • Manufacturing any patented thing by following the description listed in the patent and without having any permit or license from the patent proprietor.
  • Intellectual Property Dispute can also arise out of misunderstanding or due to negligence of the owner of the property. In the event when owner believes that their product is secured under Intellectual Property laws instead on reality surface owner forgets or fails to secure the product under Intellectual Property law.

        •The dispute on intellectual property can also arise through the corporate espionage, for instance bribing an employee from the competing company to disclose the secret about the competitor’s client list or any other trade secret.

        •An intellectual property dispute can arise when the manufacturer of the good or a service believes that their invention is protected under intellectual property laws but when in reality it is not protected at all. Therefore, it is imperative for the producers and manufacturers to get their inventions and products registered and ensure that they receive the protection.

Some Remedies for Intellectual Property Disputes

  • Monetary benefit as a compensation to the non-violating party for the losses incurred due to infringement
  • In case the trademark is used without any legal authorization the right to cease and desist the order.
  • Confiscation or ceasing the premises which is used for infringement purpose or where activities of infringement are carried out.
  • Judicial proceedings in case where the IP infringements continues. The most beneficial remedy would be to seek the support of law enforcement and so to initiate a judicial proceeding against the infringer.

What is the procedure of registration for an Intellectual Property?

Intellectual Property is an intangible right which includes any kind of artistic work, utility design, logos, geographical indications and other such novel creations via which a business can earn monetary benefits.

It is the right of every creator to protect their creation from any kind of infringement by any third party. Hence, Copyright Registration, Trademark Registration, patent registration helps the creator in protecting their creative, literary, designs and artistic work.

Irrespective whether the creator is an individual or a business entity, it is wise of you to hire an expert like Corpbiz in the matters related to Intellectual Property Dispute.

Step By Step Guide To Get Intellectual Property Registration Done:

  • Fill Out The Application Form

    At the time of filing the IPR application form, it is important to make a triplicate application that should mention both the candidate's and the specialist's marks. Other than the application, the candidate should make an announcement of the case and clarify how and why innovation is unique.

  • Preliminary Analysis And Examination

    The examiner is responsible to analyse and will assess the application for any error or omission after it gets submitted. In the event that there is any error then they will be required to be fixed within a month of filling the application. A group of experts who are knowledgeable with this classification of IPR will evaluate the content and determine the precision and the legitimacy of the particulars furnished. The expert will at that point issue an assessment report.

  • Communication Of Objections Via Show-Cause Notice

    The applicants are informed in case there is any issue with the application. The objection raised should be replied within a stipulated time of two months, after the receipt of the information. A few applicants can apply for a discussion and seek an approval for giving them reasonable opportunity to explain their reasons behind the objection within a month. If they are unable to convey the case firmly to the registered center, then the last option will be to withdraw the application regardless of being given the chance to appeal.

  • Publication Being In The IPR Journal

    Once the registrar accepts your application, it will get published in the IPR journal.

  • Opposition Of The Registration

    Any other third person whoever feels with a justified cause that the registered intellectual property is similar to an existing work may file a notice of opposition, after going through the candidate’s invention mentioned in the IPR journal. In the event that any individual has any issue with the application, they should present the objection notice within three months. The applicant gets a duplicate copy of the objection notice from the registrar and they will have two months to send their reply against the objection. Both, the applicant and the party opposing the intellectual right should submit proof by supporting documents and affirmations.

  • IPR Registration

    IPR registration is the last step. When the IPR application gets acknowledged, the candidate gets a seal expressing that they are the legitimate proprietor of the IPR.

    The way toward registering IPR may be tedious. Prior to choosing to enlist an IP, it is fundamental to guarantee that no other organization or party has developed or made a similar product or item.

Do you need to hire a lawyer for resolving an Intellectual Property dispute?

Sometimes Intellectual Property disputes can adversely affect your business and if you are an individual you may have to suffer a great deal of monetary loss. It is smart of you to hire a lawyer to resolve your intellectual property dispute. The lawyer will present your case in the infringement issue and at the same time will guide you during the entire proceeding and will also provide you with the legal research.

How Corpbiz will help you?

How Corpbiz Will Help You?

Frequently Asked Questions

Intellectual Property Rights (IPR) are about manifestations of the brain, they are issued to makers of IP, for thoughts which are new and unique, by the respective governments. Nobody can utilize others' Intellectual Property Rights without their authorization. These rights accompany restricted business model and exclusivity.

Intellectual Property is an intangible asset which contains set of rights controlling the ownership, sale of items, any product created by using intellect or creativity such as logo design, literary creation, instrumental composition and machines. By finding some kind of harmony between the interests of pioneers and the more extensive public interest, the IP framework means to cultivate a situation in which creativity and development can prosper.

Infringement is considered as the most common type of intellectual property dispute. Infringement occurs when someone dares to use the intellectual property without legally asking the owner of the property.

Following cases can be called as infringement:

  • Utilizing the logo for one item on another product of a similar sort as the principal item
  • Making a logo or utilizing trade dress a way that is planned to make buyers think they are buying an item that is equivalent to the first item
  • Making duplicates of musical recordings, films, and other media and conveying them for benefit without the copyright proprietor's consent
  • Manufacturing a patented thing by following the description listed in the patent without having a license from the patent proprietor
  • Intellectual Property Dispute can also arise out of misunderstanding or due to negligence of the owner of the property. In the event when owner believes that their product is secured under Intellectual Property laws instead on reality surface owner forgets or fails to secure the product under Intellectual Property law.

Yes, IP rights are regional. It implies that an Indian registration is substantial just in India. For assurance of Intellectual Property in some other nation, one needs to look for protection separately under the important law.

The maker of an Intellectual Property generally owns it.

There are anyway sure exemptions to this standard – for example if IP is made over the span of a specific commissioned project as a rule then it will belong to the commissioning or company.

Patents, designs, trademarks and geographical indications are administered by the Controller General of Patents, Designs and Trademarks which is under the control of the Department of Industrial Policy and Promotion, Ministry of Commerce and Industry. Copyright is under the charge of the Ministry of Human Resource Development. The Act on Layout-Design of Integrated Circuits is administered by the Ministry of Telecommunication and Information Technology. Protection of Plant Varieties and Farmers’ Rights Authority, Ministry of Agriculture administers the Act on Plant variety.

Intellectual property includes copyrights, trademarks, patents and trade secrets. Violations could adversely affect your business and even lead to criminal charges and jail time. Avoiding intellectual property violations is a matter of due diligence and best practices around the use of third-party content.

After hustling hard to develop your Intellectual Property (IP), you will need to shield it from others profiting by it without your authorization. The most grounded security originates from enrolling your work. Thusly, you put your case into the general visibility, demoralizing many (however not all) individuals from utilizing your work without consent.

Trademark registration gives you the option to utilize the image, offering authenticity to your claim. An image on your unregistered trademark notifies the general population of your case, however has no genuine legitimate sponsorship.

A patent or temporary patent application gives you the option to utilize the patent pending assignment. This can dishearten numerous individuals from building up an item they won't have the option to use for long.

Registering your copyright saves your right to sue infringers and, if your suit is fruitful, gather harms and lawyer's charges.

Yes. You can register your trademark at the Intellectual Property Office. This will imply that you have elite use to your imprint for the products and ventures indicated in your application.

A design right is the privilege of possession in the presence of the entire, or a piece of an item. Though a patent secures the manner in which an item is fabricated or works, a design right ensures what makes the item look one of a kind.

The proprietor of the design right has the elite option to replicate the plan for business purposes. A design right lasts for 10 years after you first market the article utilizing your design (with a constraint of 15 years from the date you made the plan).

Why Corpbiz

50,000+ Clients Worldwide

50,000+ Clients Worldwide

 

4.9 Customer Rating

4.9 Customer Rating

 

300+ Team CA/CS/Lawyers

300+ Team CA/CS/Lawyers

 

 

Fill Up Application Form

Make Online Payment

Executive will Process Application

Get Confirmation on Mail

Our Network Partners

Forbes 30
KU
Stripe
DHFL
Bank of Maharashtra
Food Panda

Visit our Articles

Kandarp Vanita
| Date: 17 Jul, 2021

Advantages and Disadvantages of Intellectual Property R...

Read More...
Pankaj Tyagi
| Date: 14 Jun, 2021

Basics of intellectual property rights: Explained

Read More...
Pankaj Tyagi
| Date: 05 May, 2021

Significance of Cease and Desist letter in a Legal Purv...

Read More...
Pankaj Tyagi
| Date: 04 May, 2021

Avoid These Common Intellectual Property Errors before...

Read More...
Read All Articles

Transform your Business. Subscribe our Newsletter.