Civil infringement
The infringement of an Intellectual Property (IP) right is a civil matter in the case of patents, trade marks, designs and copyright. In the case of trade marks and copyright the act may also constitute a criminal IP offence.
There are many potential problem areas, therefore it is vital that you and your business take action to avoid these problems. Advice and guidance on dealing with IP rights infringement is available.
Type of civil IP rights infringement
- Copyright infringement involves the use of whole or a substantial part of a protected copyright work without the permission of the copyright owner when none of the exceptions to copyright apply. Copyright owners have a range of rights, including the exclusive right to make and distribute copies of their work.
- Trade mark infringement involves the use of an identical or similar trade mark for identical or similar goods and services to a registered trade mark. There are other ways trade marks can be infringed, such as passing off.
- Patent infringement involves the manufacturing, using, selling or importing a patented product or process without the patent owner's permission.
- Design infringement involves making, offering, putting on the market, importing or exporting the registered or unregistered design, or stocking the product for the above purposes for commercial gain without permission from the owner.
How to avoid infringement
It is important that you and your business take preventative steps to avoid infringing the IP rights of others by seeking permission - which usually means obtaining a licence for the activity.
How will an IP rights owner take action against you
If you are believed to be infringing IP rights, the owner may wish to take action through the civil courts; other methods can also be used, such as mediation, the use of "cease and desist" letters or by seeking to use other services in resolving disputes.
You may be liable for damages relating to any infringement.