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Guarding Against IP Rights Infringement: How the Law Helps

With the help of an intellectual property lawyer, you can protect your legal and financial interests for something unique to whose rights you’ve created or obtained. Also, you’ll appreciate help from a patent attorney in Houston in defending any possible charges of IP rights violation. Here, we look at ways the law may prevent the stealing or withdrawal of any of your well-deserved artistic, technological, or other intellectual creations.

What Patent Rights Infringement Means

Any exploitation of intellectual property without approval is an infringement. To discourage any probable violation, the person creating or owning rights to any intellectual property should firstly alert the world to the existence of any such rights. Providing notice hinders violation by making the owner’s IP rights known to persons that may inadvertently infringement on them. This also comes with additional legal perks, and puts the owner in a better position to sue in court for any infringement should that become necessary.
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Once you’ve invented anything (a commodity, for instance), be sure to mark with a patent code allotted to it by the Patent and Trademark office as declaration of your rights to it before everybody. And if a patent is yet to be awarded, you can discourage others from copying its design by using the label “patent pending” on it. Notice of trademarks and copyrights may be provided with appropriate labeling, such as using symbols (TM)and (C). Such a symbol is put on the specific creation and the mark or copyright is registered so that it’s added to government records.

Course of Action in Case of a Patent Infringement

You can file a federal court lawsuit to have your intellectual property rights reaffirmed after a violation. However, it makes sense to discuss the best course of action with your intellectual property lawyer prior to filing a lawsuit in court. A careful and sober evaluation of your claims before going to court is important since IP infringement lawsuits can be costly to prosecute. Likewise, upon subjection to the scrutiny of court litigation, there’s always the risk that some IP ownership rights will be invalidate or shown not be as extensive as the owner thought.

Available Legal Remedies

Several remedies are available in case an intellectual property owner sues in court and their lawsuit succeeds. A court may issue an injunction demanding the infringing party to halt what they’re doing. Financial damages to the petitioner may also be available. Additionally, once the owner’s IP rights are upheld by the court, the infringing party may accept a license agreement. Under the said consensus, the infringer continues to exploit the patented product, but money goes to the reaffirmed owner.