How to Start a INTELLECTUAL PROPERTY DISPUTE

service package

An Overview of Intellectual Property Disputes

Intellectual Property (IP) refers to creations of the mind, such as artistic works, literary pieces, designs, symbols, names, innovations, and images used in business promotion. The most common form of IP dispute is violation or infringement. IP is an intangible asset that encompasses a range of rights governing the ownership, sale, and use of products created through creativity or innovation, including designs, logos, musical compositions, literary works, and machinery. The IP system aims to strike a balance between protecting the interests of creators and serving the broader public interest, fostering an environment where creativity and innovation can thrive.

Different Types of Intellectual Property

  1. Trademark
    A trademark serves as a symbol that helps distinguish the goods and services of one company from those of another.

  2. Geographical Indication
    Geographical indications (GI) and designations of origin are used on products that originate from a specific location and possess qualities, characteristics, or a reputation attributable to that place.

  3. Copyright
    Copyright is a legally defined right that grants creators control over their original works. Copyright protection covers various works such as music, films, maps, books, paintings, advertisements, computer programs, technical drawings, and sculptures.

  4. Trade Secrets
    Trade secrets are a form of Intellectual Property Rights (IPR) that protect confidential business information. Any illegal acquisition or disclosure of this private information is considered an unfair practice and an infringement of trade secret protection.

  5. Patent
    A patent is an exclusive right granted to the inventor of a product or process. It allows the owner to decide how others can use the invention. In exchange for this right, the patent holder discloses details about the invention to the public in patent documents.

  6. Industrial Designs
    An industrial design refers to the aesthetic and ornamental aspects of an article. It can be three-dimensional (3D) features, such as the shape or surface of an object, or two-dimensional (2D) features like patterns or lines.

Common Types of Intellectual Property Disputes

The most common form of Intellectual Property dispute is infringement or violation. This occurs when someone uses intellectual property without legally obtaining permission from the rightful owner. Infringement can include:

  • Patent Infringement
  • Copyright Infringement
  • Trademark Infringement

Examples of infringement include:

  • Copying films, music, and other media, and distributing them without the copyright holder's consent.
  • Misunderstanding or negligence on the part of the owner, where they believe their product is protected under IP laws but it is not.
  • Using a name, logo, or design from one product on a similar product to mislead consumers.
  • Using a name, logo, or trade dress in a way that creates confusion, making consumers believe they are purchasing a product similar to the original.
  • Manufacturing a patented product without the patent owner's permission, based on the description in the patent.
 
 
 
 

Procedure for Intellectual Property Registration

Intellectual Property (IP) is divided into two categories:

  1. Tangible
  2. Intangible

Intellectual Property includes creations such as artistic works, logos, utility designs, geographical indications, and other novel innovations that can bring financial benefits to a business. It is the right of every creator or author to protect their work from duplication. Patent, Trademark, and Copyright registrations help protect designs and artistic creations. Regardless of whether the creator is an individual or a company, it is advisable to consult an expert when dealing with Intellectual Property disputes.

Here is the step-by-step procedure for Intellectual Property Registration:

Step 1: Application Form
To file for Intellectual Property Registration, the applicant must submit a triplicate application with both the marks of the expert/agent and the applicant. Additionally, a statement must be provided, explaining why and how the creation is unique or distinct.

Step 2: Preliminary Examination
Once the application is submitted, an examiner will review it for any deficiencies. If there are any, the applicant will need to address them within one month of filing. A team of experts will also assess the application to verify the accuracy and validity of the information provided. Following this review, an examination report will be issued.

Step 3: Objection Notice via Show-Cause Notice
If the registrar has any concerns with the IP application, the applicant will be notified. The applicant must respond to the objections within two months of receiving the notice. If needed, the applicant may request a hearing within one month if they are unable to clarify the issues in writing. The registrar has the authority to withdraw the application if the applicant does not address the objections.

Step 4: Publication in the Journal
Once the registrar accepts the application, it will be published in the Intellectual Property Rights (IPR) Journal.

Step 5: Opposition to the IP Registration
If another creator or inventor has a similar product, they may file an opposition notice after the publication of the IP application in the journal. Any opposition must be submitted within three months of the publication. The applicant will receive the opposition notice and have two months to submit a counter-statement. Both parties must provide evidence through relevant documents and declarations.

Step 6: IP Registration
In the final step, once the application is cleared of opposition or objections, the applicant receives a certificate confirming that they are the legal owner of the Intellectual Property. The process of IP registration can be lengthy, so before applying, it is important to ensure that no other entity has already developed or patented a similar product or creation.

Remedies for Intellectual Property Disputes

The following remedies are available for Intellectual Property disputes:

  1. Compensation for financial losses suffered by the non-infringing party due to infringement or violation.
  2. The cessation of operations or activities at the premises where the infringement or violation occurred.
  3. Issuance of a "Cease and Desist" (C&D) order if a trademark is being used without legal authorization.

Is It Essential to Hire an Expert for Resolving an Intellectual Property Dispute?

Intellectual Property disputes can significantly impact your business, and for individuals, they can lead to substantial financial losses. Therefore, it is advisable to hire an expert or attorney to help resolve such disputes. An expert will present your case in the event of infringement, guide you throughout the legal process, and provide essential legal research to support your case.