Intellectual Property is an intangible asset holding a set of rights that control an item's sale, ownership, and any product formed by using creativity or intellect such as a literary creation, machines, and instrumental composition. Under intellectual property, infringement is the most frequent Intellectual Property Dispute.
Overview of Intellectual Property Dispute
The creations of the mind, literary work, artistic work, names, images, any innovation, symbol, and design utilized in the business and promotion of business are known as Intellectual Property. Under intellectual property, infringement is the most frequent Intellectual Property Dispute. Intellectual Property is an intangible asset holding a set of rights that control an item's sale, ownership, and any product formed by using creativity or intellect such as a literary creation, machines, and instrumental composition. By finding some synchronization between extensive public interest and pioneers' interest, the intellectual property framework means to encourage a situation in which development and creativity can prosper.
Types of Intellectual Property
What are the common types of Intellectual Property Disputes?
Under intellectual property, infringement is the most frequent Intellectual Property Dispute. Infringement arises when an individual uses other individuals' intellectual property without his/her consent. Thus there can be following types of infringements:
Copyright Infringement
Trademark Infringement
Patent Infringement
The following are the cases that can be considered as Infringement:
Using a logo for one item on another merchandise of a similar type as the primary item.
Making a logo or using trade dress in a way that is planned to make the customer think that they are purchasing a product that is equivalent to the first item.
Making a replica of films, a musical recording, or any other media and utilizing them for without the consent of the original creator or owner of such creations.
Developing a patented item by following the patent's narrative without obtaining a license from the patent's proprietor.
Intellectual Property Dispute can also occur due to the creator/owner's negligence or out of a misunderstanding. In the event when the creator/owner considers that their creation is protected under Intellectual Property Laws; instead, the owner has failed or forgot to secure his/her creation under the Intellectual Property Laws.
Remedies for Intellectual Property Disputes
The monetary advantage for the non-violating party for the damages occurred due to infringement.
If the trademark is used without any legal approval, the right to desist and cease such order.
Cease the place where the infringement activities were carried out.
Need of a Lawyer for resolving Intellectual Property Dispute
At times intellectual property disputes can badly affect business, and it can suffer a huge monetary loss. It is a smart move to hire a legal professional to solve the intellectual property dispute. A legal professional will present the case of an infringement issue in the court and, at the same time, will provide guidance throughout the court proceedings and will offer legal research.
Registration Procedure of Intellectual Property
The Intellectual Property is of two types:
Tangible
Intangible
Any logos, geographical indications, artistic work, and other such original creations through which a business organization can earn profits is termed as Intellectual Property.
It is the right of every owner or creator to protect his/her creations. Trademark registration, patent registration, copyright registration helps an owner or creator in protecting their creations.
Step by Step Guide for Intellectual Property Registration
Fill the Application Form
While filling the intellectual property registration application form, it is crucial to make a triplicate application that has both the specialist’s and candidate’s marks. The applicant must present an announcement of the case that explains why and how the development is unique.
Preliminary Analysis and Examination
The analysis of the application will be done by an analyst who will check if there are any errors in the application form. If the analyst found any errors in the application, the applicant must make corrections within a month. A group of professional experts who are experienced and knowledgeable with this classification of intellectual property rights examines the content of the announcement to determine the specifics' legitimacy and precision. After the examination and analysis, the expert will issue an assessment report.
Communication of Objections Through Show-Cause Notice
The applicant will be informed if the registration center has an issue with the registration application. The objection must be raised within the prescribed time of two months after receipt of the correspondence. A few applicants can submit an application for a meeting and can make a demand for the same within one month. If the applicants cannot convey the case properly to the registration center, they have to withdraw the application even if they were given a chance to appeal.
Publication in the IPR Journal
After the registrar has accepted the applicant's registration application, it will get published in the intellectual property rights journal.
The opposition of the Registration
After going through the publication in the IPR journal about the applicant's item, another owner or creator of a comparative creation may file a notice regarding the opposition. In the event when someone has an issue with the registration application, the notice regarding the objection must be served within three months. The applicant will get a copy of the notice of objection from the registration center. The applicant will be given a period of two months to send a reply to the objection notice. Both the parties filing the resistance notice must provide proof by submitting supporting affirmations and documents.
IPR Registration
This is the last step of the registration process; after the intellectual property registration application gets acknowledged; the applicant will be granted a registration certificate stating that the applicant is the legitimate proprietor of the intellectual property.
Conclusion
The creations of the mind, literary work, artistic work, names, images, any innovation, symbol, and design utilized in the business and promotion of business are known as Intellectual Property. Under intellectual property, infringement is the most frequent Intellectual Property Dispute. It is the right of every owner or creator to protect his/her creations. Trademark registration, patent registration, copyright registration helps an owner or creator in protecting their creations.