Infringement and Enforcement
The infringement of intellectual property (IP) rights through, among others, counterfeiting and piracy creates substantial losses to industry, as it undermines companies’ investments in innovation and marketing.
The legal framework protecting IP owners from infringement may differ from country to country. However, the fundamental aim of all these legislations is to provide the owners of IP rights - including individuals, SMEs or big corporations - the means to enforce their rights against infringers, that is, the means to stop infringements and to obtain economic compensation from such wrongdoings.
Infringement
As always, the first step is to register the IP rights that your company wishes to protect. Then, you need to establish procedures to monitor trade fairs, online sellers, and any other areas where infringing products might be sold or marketed. Take into account that, both in Europe and abroad, simple registration is, in most cases, not enough to duly protect your IPRs. It is necessary for the IPR owner to be proactive to reach higher levels of protection. First of all, you need to discover promptly if someone is infringing your rights and then be ready to respond.
How will you find your IP being infringed? Your customers might tell you about competing products, you might find infringements for sale on the internet, you might see infringing products at a trade fair.
Africa IP Helpdesk
ARIPO countries
infringement of unregistered well-known marks
Egypt – IP Case Study – infringement of trade
marks in sportswear
Ghana – brand protection due diligence
Nigeria - IP Case Study – Combating
counterfeiting in e-commerce platforms
China IP Helpdesk
Branding is key to the success of many international companies in the Chinese automotive industry. The strong reputation that these companies have built up in other markets allows them to compete effectively for orders from (international) China-based customers.
European IP Helpdesk
Taking your business international can be quite challenging and may entail a number of risks, especially for Small and Medium-sized Enterprises (SMEs).
China IP Helpdesk
Beyond the avenues of online e-commerce and social media platforms, there has been a growing trend of counterfeiters making use of personal communication channels to affect their sales (such as mobile application software and Facebook pages).
It is highly recommended that EU SMEs record their intellectual property in advance as the Chinese Customs is more likely to act to protect recorded IP.
Latin America IP Helpdesk
FS Mexican customs: What a brand owner should not forget when exporting to Mexico
FS Using customs to enforce your IPRs in Brazil
Customs protection in Latin America
South-East IP Helpdesk
Explore our comprehensive Guide to 'Protecting your IP at trade fairs in SEA'. The guide equips businesses with essential insights for protecting their IP at trade fairs and maximising their success in South-East Asia.
Explore our comprehensive Guide 'How to remove counterfeit goods from e-commerce sites in South-East Asia'. The guide equips businesses with essential insights for their IP enforcement and maximising their success in South-East Asia.
Discover our comprehensive Guide 'How to secure effective evidence of IP infringement in South-East Asia'. This guide offers essential strategies for European SMEs about gathering evidence to enforce their IP in the countries where infringement takes place.
Alternative Dispute Resolution
An infringement of your IP can have a great impact on your finances and put your survival at stake. Traditionally, there was only one way to settle contractual and non-contractual disputes: litigation. Those ways are still available, however, they can be lengthy and expensive. Therefore, you should first evaluate an Alternative Dispute Resolution mechanisms (ADR). There are many kinds of ADR: negotiation, mediation, conciliation, neutral evaluation, expert determination, arbitration.
You should choose the one that works best for your company, also based on the kind of infringement and infringer.
European IP Helpdesk
Taking your business international can be quite challenging and may entail a number of risks, especially for Small and Medium-sized Enterprises (SMEs).
Latin America IP Helpdesk
Intellectual Property (IP) conflicts among SMEs have a great impact on their finances, and their survival and success depend on how effectively they are solved.
Enforcement
If ADR is not an option for you, you can try the traditional enforcement routes. There are mainly three kinds of enforcement: administrative actions, civil litigation and criminal proceedings.
Not all of them are available in every country and for every kind of right. Therefore, you should pick up the one that suits you among the ones that are available for your case.
Africa IP Helpdesk
Guide to IPR protection at the border in Kenya
ARIPO – IP Case Study – Trade mark protection
and enforcement
Customs protection in Kenya
China IP Helpdesk
The intellectual property rights (IPR) available in China are similar to those available in Europe. The registered rights available are invention patents, utility patents, design patents and trade marks. Copyright can also be recorded.
India IP Helpdesk
This factsheet explains how IP rights are enforced in India.
This infographic provides information on how EU SMEs can use Indian Customs to protect their intellectual property at the Indian border.
South-East IP Helpdesk
Explore our comprehensive Guide to 'IPR enforcement in South-East Asia'. Addressing IP infringement requires careful vigilance and proactive monitoring from European SMEs. The guide equips businesses with insights about IPR enforcement avenues in the region.
