What are the Legal Remedies to protect the IPRs if there is infringement?

  • Demand Letter or cease and desist notice
  • Filing Injunction Application
  • The demand for compensation in court
  • Anton Pillar Order in Indian Legal System

Is it compulsory to register the copyright of IPRs?

It may be an excellent thought to register your copyright. Doing so benefits the concerned party to prove ownership and if one has to initiate criminal proceedings against the infringers. In most cases, though, registration of IPRs is not crucial to maintain a copyright infringement claim in India.

Is it compulsory to register Patents of IPRs? 

In the case of patents, it is not mandatory to get them registered. But with registration, they are protected as legal ownership is with the person whose name appears on the patent register.

How does registration help in the protection of IPRs? 

Registration of IPRs confirms the ownership of the intellectual property. It helps to monopolize the creation and ensures that no one else uses the invention without the consent of the actual owner so that the owner gets the monetary benefits

How can one protect the IPRs?

  • Use the IP regularly and correctly
  • Register the IPRs.
  • Be vigilant against misuse and infringement of IPRs.
  • Go for Legal Action without delay.

What are the fundamental principles of protection for IPRs?

  • National Treatment- Any foreign national applying for a particular IPR in another country will get the same protection as that country provides to its nationals.
  • Minimum Period of Protection- The protection is granted for a minimum period known as the term of the IP.
  • Scope of protection- The scope of protection depends upon the kind of intellectual property and international norms.
  • No conditions – If the Intellectual Property fulfils the essential criteria like novelty, originality, innovation, workability, etc., it gets the protection sought.

What are the various types of intellectual property protection?

  1. Patents
  2. Trademarks
  3. Copyrights
  4. Trade secrets

Whether IPRs are protected in the country of origin only or not?

Intellectual Property Rights need protection not only in domestic markets but also internationally. Therefore, one must file a separate application in all the nations to protect IPR.

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