Doing Lawsuits The Right Way

An Overview of what Intellectual Property Infringement and Patent Law Is

The violation of the rights owned by someone else has over an intellectual property is what is referred to as an infringement to intellectual property. Some of the intellectual property rights are such as trademarks, copyrights and patents. This as such points to the fact that intellectual property infringement may take a number of forms and these include trademark infringement, copyright infringement, and patent infringement. Take a look below at the details of the various kinds of intellectual property infringement as we have mentioned them in their details.

The first we will take a look at is the trademark infringement. Like the name points, it is the violation of the exclusive rights that are attached to the particular trademark. It involves the use of the trademark without the permission of the trademark owner or the availing of any permitting licenses. This may even happen when one party, the infringer, gets to use a trademark that is similar or in a way confusing in relation to the trademark of another ownership for the sake of promotion of goods or services that are similar to those under the inventory of the other trademark owner. If you happen to be a trademark owner and you have had your rights over ownership to the trademark violated anyway, you are at liberty to institute legal proceedings against such a person who has so violated such rights.

Next is a look at the patent infringement. Patent law is an invention that is intended to give some form of monopoly to the inventor to make and or sell his invention. The period that a patent works is often limited but it will get to deter others from using, making and selling of the given patented product. Patents are generally licenses that can be sold, transferred or assigned and as well you need to note that they are only effective in those countries where they are issued. Once a patent reaches the expiry dates, the so patented product ceases being patented and the exclusive right of use to the inventor ceases and its use gets to be open to all parties who might be interested in the use of the product. Remember also the fact that there are some annual patent renewal fees that have to be paid by all patent holders.

Thus patent infringement can be said to be the committing of an act that is forbidden in respect to a given invention without having the authorization of the patent holder. By and large, there is a variation from one state to another with relation to patent infringement but what’s common in all is that there has to be a violation of the patented invention.

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