Infringement of Intellectual Property (IP)
Intellectual property (IP) pertains to the creation of personal works which is protected in all forms by the law. Intellectual property rights (IPR) covers different forms: patents, copyrights, and trademarks. Which in turn, covers: literature, music, and other artistic pieces. IPR are forms of property known as intangible property. Intellectual Property Infringement refers to the violation of IPR. There are wide array of possible IP infringement. The most common cases include;
- Copyright Infringement. It is about the usage of works, which is protected by copyright law, without permission, infringing definite exclusive rights given to the creator of the product or service, like the right to distribute, reproduce, or to conduct protected works. The creator is the gatekeeper of the work, or a publisher, or other business wherein copyright was assigned. A gatekeeper as it were usually invokes technical and legal measures to avoid infringement to the copyright
- Patent Infringement. This refers to the commission of prohibited actions with respect to patented invention without authorization. Authorization may be granted through a form of license. The description of patent infringement may differ from jurisdiction, however it includes selling or using patented invention. In most countries, the invention and it’s functions need to be commercial, or to have commercial purpose, to establish patent infringement.
The range of patent invention or its extent of protection is distinguished in the claims of the approved application. This means, the terms of claim informs the public of what is prohibited without the holder’s permission. Patents are also territorial, thus infringement is possible only in the country where the approval was granted. For example if a patent was granted in the US, anyone in the US is not allowed to make, use, or sell the patented item. However people in other countries are free to use the patented invention in their country. The legal boundaries of the patent is different from country to country for the reason that patent is examined by the issuing office where the patent originated and can be subjected to various patent requirements.
- Trademark Infringement. It pertains to the violation of exclusive rights vested to a trademark without the permission from the official owner. The infringement could happen to one party, ‘the infringer’, who over-stepped on the proprietary boundaries that is similar or confusing to a trademark owned by other party. The owner to the proprietary rights, can take a civil action against the other party to reclaim full exclusivity
Intellectual property investigation refers to the type of assignment that a private investigator carries out in order to protect the creator’s work in shape or form. IP infringement is a serious issue and private investigators can assist to apprehend and for their clients to sue for breach of IP Infringement. Competitive Intelligence (CI) companies usually undertake a fine line between the accepted product forms, service design and the IP violation. There is also a huge number of cases being filed by several companies to protect their products, images, or reputation from getting stolen by competitors. Proving IP infringement can be complex, however once established, the outcome for the violator can be costly in fines and penalties.
IP owners are being granted with exclusive rights for distribution, usage, and publication of any products or services that is directly related in protecting the idea, concept, or composition. When these exclusive rights are being violated, the IP owner can start an investigation to identify how and if infringement really occurred. Violating IP laws can lead to civil cases and criminal penalties, once the burden of proof is carried out. IP is a complex concept to prosecute and defend; therefore it is suggested to hire qualified private investigator that is specialized in the field in order to safeguard the property from infringement.
IP cases became common in recent years. Internet certainly makes copying and distributing protected properties both profitable and easy. Music, ideas, or arts have been propagated and duplicated throughout the World Wide Web. Such infringements are hard to resolve or even prosecute, for the reason that the servers hosting infringing sites are not located in areas that is under the IP theft investigations.
The fast growth in the patent application is making patent thickets. These happens where the overlapping and interrelated patents results in lack of precision of who really owns a patent, and as a result, where to go for license. The technology department becomes increasingly controversial, making it an issue when stifles innovation or performs as a barrier in the new market players.
Illegal downloads, copying, and distributing copy right materials have very disruptive effects on the scope of copyright industries, like film, music, and television. Social networking sites are broadly utilized for sharing and publishing user-generated content. Considering that there are now over 750 million online users who are downloading and uploading every second.
Trademarks – By the opening of new marketing channels, digital economy provide wide range of counterfeit and legitimate usage of trade marks. Similar to trademark protection is domain names management. The domain is the essential gateway for brands into the market in order to sell their products or services internationally. The capability of protecting the domain names and maintaining exclusive rights is another important aspect of the IP rights. For the telecommunication regulators, copyright is a new field. Widespread of piracy on internet are creating a significant pressures to the existing business models, regulatory environments, and legal frame works.
Creating an environment that sets innovation and creativity allows competition to protect free exploits and speech. It however needs to search for a delicate balance on both protection and stimulation of different stake holders.
For those who are suffering from the IP infringement, it is highly advisable to take immediate action through hiring qualified private investigators since they are the ones who are knowledgeable. They are capable of locating the cause of infringement for a fast and easy legal settlements. Private investigators are proven for their skills and integrity in delivering quality service to their clients.