When someone uses your IP without your permission, you have the right to file an infringement lawsuit. But before you take legal action against that person, you need to prove that your IP rights exist.
Legal practitioners like Creagh Weightman Lawyers advocate the rights of victims of IP crimes and strongly recommend consulting commercial attorneys as soon as suspicion of possible infringement arises. Delaying action may make it more difficult for you to get an injunction.
Proving IP Rights
The first step in enforcementis proving that your IP rightsexist at law. You have to show proof thatyou own the rights or arethe authorised entity acting on behalf of the owner.You shouldalso provide evidence that thealleged infringer’s product copies all or portions of yours, and that they created it without your permission.
When it comes to trademark violation claims, you must prove that the infringer uses the trademark on the same products or services where yours is registered. This is where you assert that the similarity causes confusion about the product’s origin.
Proving copyright infringement, on the other hand, is a bit more difficult because there is no registration process and certificates that validate its existence. But still, you can assert copyright ownership by proving the creator’s identity and nationality and the location and date the material was made.
As mentioned earlier, it is important to establish that the infringer copied the material—or at least parts of it. Some cases are easy, while others are a bit more complex, especially if it involves a technical patent.
These situations call for the expertise of a legal professional. Commercial lawyers look into different elements of the infringer’s product and analyse the violations in respect to the scope of protection your patent offers.
Another key factor in establishing IP violation is proving that the infringer does not have permission to use the IP.If you have an organised method for giving licenses and approvals to third party entities, proving the infringer’s violation is much easier. You can argue that your search through the system did not show any request for permission from the infringer.
Enforce your IP rights. Talk to lawyers if you feel that your rights are infringed.