What is the enforcement of intellectual property [New Research]



Last updated : Aug 29, 2022
Written by : Moses Vildosola
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What is the enforcement of intellectual property

How does the government protect intellectual property?

Patents protect an invention or a technical product or process. It is unlawful for others to make, use, resell, rent out, or supply the patented object or process. The patent holder may however give others permission to do so by granting a patent licence.

What are the 4 types of intellectual property?

Patents, trademarks, copyrights, and trade secrets are valuable assets of the company and understanding how they work and how they are created is critical to knowing how to protect them.

What means intellectual property?

Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.

Who monitors intellectual property?

Congress derives its power to regulate patents and copyrights from the "intellectual property clause" of the Constitution. See U.S. Constitution, Article I, Section 8.

Who enforces intellectual property rights?

Intellectual property laws passed by Congress are overseen by two government agencies: the U.S. Patent and Trademark Office and the U.S. Copyright Office. The U.S. Patent and Trademark Office is responsible for issuing and monitoring all federally registered patents and trademarks.

What are the 3 ways of protecting intellectual property?

There are only three ways to protect intellectual property in the United States: through the use patents, trademarks or copyrights. A patent applies to a specific product design; a trademark to a name, phrase or symbol; and a copyright to a written document.

What are the 7 intellectual property rights?

Rights. Intellectual property rights include patents, copyright, industrial design rights, trademarks, plant variety rights, trade dress, geographical indications, and in some jurisdictions trade secrets.

What are examples of intellectual property?

  • Patents.
  • Domain names.
  • Industrial design.
  • Confidential information.
  • Inventions.
  • Moral rights.
  • Database rights.
  • Works of authorship.

What is the most important type of intellectual property?

Patent. A patent is used to prevent an invention from being created, sold, or used by another party without permission. Patents are the most common type of intellectual property rights that come to people's minds when they think of intellectual property rights protection.

What is the importance of intellectual property?

Intellectual property protection is critical to fostering innovation. Without protection of ideas, businesses and individuals would not reap the full benefits of their inventions and would focus less on research and development.

What is intellectual property and how is it protected?

Intellectual property is owned and legally protected by a person or company from outside use or implementation without consent. Intellectual property can consist of many types of assets, including trademarks, patents, and copyrights.

What is the purpose of intellectual property rights?

IPR provide certain exclusive rights to the inventors or creators of that property, in order to enable them to reap commercial benefits from their creative efforts or reputation. There are several types of intellectual property protection like patent, copyright, trademark, etc.

How do you establish intellectual property?

To obtain a patent in the U.S., the inventor must file a patent application with the United States Patent and Trademark Office (USPTO), which includes (1) a written document comprising a description and claims, (2) drawings when necessary, (3) an oath or declaration, and (4) filing, search, and examination fees.

Does Customs Enforcement intellectual property rights?

U.S. Customs and Border Protection (CBP) is the primary federal agency responsible for securing America's borders. This includes the protection of intellectual property rights, which guards against the infringement of U.S. patents, copyrights, and trademarks.

How is intellectual property treated under the law?

Intellectual property law covers the protection of copyrights, patents, trademarks, and trade secrets, as well as other legal areas, such as unfair competition. In effect, intellectual property laws give the creator of a new and unique product or idea a temporary monopoly on its use.

What actions can be taken to protect intellectual property in a country?

You must protect your IP by filing for a patent in a specific country. In order to file for a patent overseas, you must already have a U.S. Patent and Trademark Office license.

How can you protect your intellectual property rights from getting violated?

  1. Keep it under scrutiny.
  2. Be aware of your Intellectual Property Rights.
  3. Consult an expert.
  4. Double check if your idea is unique.
  5. Hire an auditor.
  6. Keep a record of almost everything related.
  7. Protect your IP without delay.

How can you protect intellectual property rights in the innovation process?

Patents. A patent is an exclusive right given for an invention, which is a product or a method that gives a new technological solution to a problem or a new way of doing something. It gives the patent holder protection for his or her idea. The protection is only provided for a set amount of time, namely 20 years.

What is the difference between intellectual property and copyright?

The terms “copyright” and “intellectual property” are often used interchangeably. However, copyright is just a part of the scope of intellectual property, as are trade marks, patents, and designs. Intellectual property (IP) describes a form of property which is the intangible output of the human creative mind.

Why is it important for a business to protect its intellectual property?

For many businesses, intellectual property protects more than just an idea or a concept – it protects genuine business assets that may be integral to the core services of the business and overall long-term viability.


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What is the enforcement of intellectual property


Comment by Jules Dedier

hello it's Philip Taylor speaking from Richmond green chambers this morning I'm looking at a book from Edward Elgar publishing limited they're an independent family business of publishers specializing in fairly substantial well researched academic publications always a good quality for the academic community certainly and also for practitioners and people with a general interest in particular area the book i'm looking at this morning is criminal enforcement of intellectual property an important area for artists and sort of other people it's got a subtitle a handbook of contemporary research because as I say the very much into the research in the academic area it's been edited by Christophe Geiger and we've given it a title abroad and scholarly survey of the upsurge in the criminal enforcement of intellectual property rights this is the book here the front cover the spine and you can see the back there's heavy book actually for what it is and what we've got just take that out what we do have is a useful index there and we have as you can see here a paragraph number on this occasion which is useful and footnotes again extremely useful bearing in mind the structure so what you've got is a standard introduction the main bit and then what what they do with these books as you then have a conclusion which is at the back so it was a nice logical structure there's the start of the book there counterfeiting all the sort of area of stuff and there is issues to go with it then you've got various figures and tables and you've got the list of contributors because there are a lot of people who've contributed to this X and publication one thing that will be important anything to do with IP you always need to have abbreviations explained and then do read mr. Geiger's introduction which i think is very helpful because it sets the scene for what is an important area or and one which is increasingly important for a lot of people we've written a review on the web which is quite detailed so I'm just going to take some highlights from it as the theft of IP namely counterfeiting is in fact theft pure and simple in the opinion of most the type of this book is not surprising and neither should a criminal enforcement of what is actually a crime be considered unusual where you're getting to all sorts of difficult areas both with national and international criminal matters the editor Mr Kristof Geiger however described such enforcement as delicate and admits that here too for it is an area of study that has been rather neglected by scholars the application of criminal penalties to the infringement of intellectual property rights has always been a debated issue he says now Geiger admits that criminal enforcement provisions differ significantly in the various national legislations which depending on the cultural norms involved apply different parameters and standards to definitions of intellectual property what it actually is and a definitions of what we mean by infringement with result there is little consistency internationally in IP law proper law as such the book is a compilation of 19 learning articles and essays and as I said have a very high academic standard and at least six of the top scholars have come from the Max Planck Institute for intellectual property and competition law in Munich the book in other words contains the combined expertise of acknowledged experts in this field from a variety of countries sectors and jurisdictions so it could be said to overlap with other errors including comparative loop law let me conclude by saying it's extensively footnoted has to be expected with a very useful index the book would also be of interest we think to those seeking further insights into IP law and additionally criminal war competition law and Consumer Law from an international perspective so thank you to mr. Geiger and to Edward Elgar for another excellent contribution to the continuing debate in this area thank you bye-bye


Thanks for your comment Jules Dedier, have a nice day.
- Moses Vildosola, Staff Member


Comment by Calpassilakl

i'm looking to someone to give me a signal to begin okay patent office says i can go uh good afternoon i guess good morning still my name is ingrid i teach intellectual property law at the riga graduate school of law but full disclosure i'm an i.p lawyer a trademark and design attorney and a partner with a law firm of rightly in china so this panel is dedicated to all the lawyers judges right holders and law enforcement people in the audience we will be speaking on ip enforcement from now until our final discussion and final coffee break so a few introductory words intellectual property is property a bundle of legal rights related to ownership and the previous panels have just discussed how intellectual property is created how the rights are secured how i p is commercialized all these sorts of affirmative rights the right to use commercialize gain benefit from intellectual property the other category of rights are negative rights the right to exclude others this process of excluding others is enforcement the use of civil administrative and criminal measures to prevent unauthorized use of intellectual property to sanction such use and to provide remedies to rights holders some of the time the state is the primary actor in stopping infringement customs police and the courts have the vast task of dealing with the hydra of trade and counterfeits and infringement that is increasingly online allah say alongside law enforcement of course the right holder must be to borrow a phrase from one of our speakers the policeman monitoring the marketplace initiating civil actions patent invalidation trademark oppositions to exercise their exclusive rights why is enforcement so important losses to industry and missed tax receipts measure in the billions of euros second enforcement measures ensure that the inventor designer creator and investor derive their fair benefit from intellectual efforts and investment in the market of course inve enforcement is critical to ensure that the consumer does not bear the burden of verifying the source of each good or service ladies and gentlemen we are so pleased today to welcome a distinguished panel to discuss intellectual property rights enforcement from various viewpoints and we look forward to a productive discussion a bit of housekeeping we will have four presenters and then at the conclusion we will have time for your questions our first speaker is paul meyer who is the director of the eu observatory on infringement of ipr in alicante spain he is a native of strasbourg france a graduate of the institute for political sciences and the faculty of law in strasbourg and the college of europe in bruges has worked for council for various trade associations and became an ec civil servant in the ec commission in 1987. from 1990 to 1995 he worked in the field of intellectual property law in the commission he joined the office for the harmonization in the internal market in 1995 as chief advisor to the president of the office next he was responsible for the preparations of ohim in view of the enlargement of the eu was director of the design departments from 2002 nominated president of the boards of appeal in 2005 and confirmed for a second mandate in 2010 and since january 2013 paul meyer has been appointed as the new director of the ohim observatory which incorporates the eu observatory on ip infringement and also the ohim academy ladies and gentlemen paul meyer good morning ladies and gentlemen it's a pleasure to be here i would first like to thank the latvian presidency in the latvian office for the invitation and the great organization of this meeting i will be talking about um the challenges of ip enforcement under the angle of what we do in the eu observatory in alicante and actually way beyond alicante alicante is only the spot of the secretariat of what we do the observatory is indeed facing a number of challenges enforcement is a challenge is the real challenges you just so rightly said professor by way of introduction it's nice to have rights but you have to make sure that these rights also are enforced are efficient and can bring you the return of the investment and the creativity that you have put into everything you have prepared created or innovated with so the eu observatory is actually now a little more than five years old it was created precisely because enforcement more and more has become a central issue for all the authorities dealing with intellectual property and what was the recognition well the recognition was that you had to bring together the public and the private sector because it is the only way to be efficient in the enforcement of intellectual property rights one cannot do without the others the public authorities of course have the role of making sure that laws are applied in the member states but when it comes to intellectual property i mean these are private rights and who better than the owner of the right knows what his rights are how much he has what he wants to do with them and how difficult it is eventually to copy or not copy what he has protected and so by working together to help identify the rights on the one hand by the private sector make sure on the public sector side that the full force of the law is put behind enforcement there you obtain an efficient fight against infringements of intellectual property rights and that is a fight that will never end we will always have problems of intellectual property rights enforcement and violations so yes bringing together the public and the private sector are creating a network of all interested in the matter to work together to create synergies exchanges and make sure that we are as efficient as we can in the fight against counterfeiting and this is why the observatory as i said is not just a secretary in any country far from that the observatory is actually in the meantime has become a huge network all 28 member states are represented in our meetings different national authorities of the various member states customs police the intellectual property offices universities to some extent in some cases as well are brought together it's amazing to see how many international and european federations of right owners or people that have a direct business interest in intellectual property exist so far we have 58 members from the private sector right holders collecting societies patent agents trademark agents all sectors of industry from textile to the automobile industry etc etc they all come together to work on this one important element is that the enforcement of intellectual property also more and more is a question that has political importance and direct consequences on the civil society and this is why in the regulation as it said that we should bring together also representatives from consumers uh civil society in general patients and this is what we have so far seven member of uh civil society represented in the observatory then fighting against counterfeiting of course is something is a field of action in which many organizations over the last uh certainly two decades of last decade have been active with and if you look at the pro


Thanks Calpassilakl your participation is very much appreciated
- Moses Vildosola


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