In this day and age, we have heard many stories about intellectual property (IP) infringements, but what exactly does this mean? Generally, an infringement of intellectual property means that IP owners’ rights have been violated due to someone’s unauthorised use, reproduction or distribution of a protected intellectual property. When someone has created something new and innovative, they can protect their creation by filing for intellectual property rights through intellectual property lawyers in Sri Lanka.
Different types of infringements can occur in different ways, including:
- Patent infringements: This occurs when a patented product or process is used, distributed or sold without the explicit permission of the patent holder. It can occur in many different ways:
- Direct: Unauthorised use or production of a patented product or invention.
- Indirect: Contributing to or causing others to infringe upon a patent.
- Literal infringement: When an invention copies every single element of a patent claim.
- Doctrine of equivalents: An infringement that does not copy every single element of a patented product or process, but performs the same function in the same way in order to achieve a result.
- Copyright infringements: This involves the unauthorised use or reproduction of certain works in the form of books, music, artwork, software, films etc. Some common types include:
- Direct: Copying, performing, displaying or distributing a copyrighted piece of work without permission from the owner.
- Contributory infringement: Knowingly contributing to another person’s infringing activities.
- Vicarious infringement: Having the ability to control the infringing activities of another person, while at the same time gaining financial benefit from it.
- Secondary: This is an infringement of any work occurring indirectly through certain actions like distributing tools and platforms.
- Trademark infringement: This type occurs when someone uses a trademark that is identical or very similar to a registered trademark, and causes confusion among consumers.
- Direct: Using a trademark without the permission of the owners that may cause confusion among consumers regarding the source of the product or service.
- Dilution: The use of a popular trademark which tarnishes or lessens the uniqueness of the image of the trademark owner.
- Counterfeiting: The production of duplicate or fake goods that use a trademark that is identical or very similar to a registered trademark.
- Trade secret infringement: The unauthorised use or disclosure of confidential business information pertaining to another business, such as formulae, processes, designs, information etc. Different types include:
- Misappropriation: Trade secrets acquired by means of theft, bribery or breach of a confidentiality agreement.
- Breach of confidentiality: Using or disclosing business information or trade secrets by violating a duty to maintain secrecy.
Any and all of these types of infringements can lead to serious legal action such as lawsuits and penalties through business lawyers in Sri Lanka, in order to protect the IP rights of the owner, and to ensure fair use and competition in the market.
How to defend against intellectual property infringement in Sri Lanka
If you feel that your intellectual property has been used or distributed by someone without your explicit permission, then there is cause for an infringement. In such an instance, you can take several steps in order to protect your intellectual property rights.
The legal framework for such action in Sri Lanka is governed by the Intellectual Property Act No. 36 of 2003. Here are some steps you can take to defend against such infringement:
- Registration of IP rights
- Patents: Make sure that your creations or inventions are patented with the National Intellectual Property Office (NIPO) in Sri Lanka, which ensures that the owner of such creation is given exclusive rights to use, reproduce and distribute it.
- Trademarks: Brand names, logos and symbols can be protected by registering a trademark with the NIPO.
- Copyright: Registering with the NIPO offers formal recognition and strong enforcement of a copyright for your works, even though the creation of such works automatically gives copyright to the owner.
- Industrial designs: Protect the visual design of objects by registering it with the NIPO.
- Monitoring and enforcement
- Monitoring: Owners should regularly monitor the market, competitors and online platforms for potential infringements.
- Cease and desist: If any infringements are found, a formal cease and desist letter should be sent to the infringers demanding them to stop the use of the unauthorised IP.
- Negotiation and settlement: Negotiate with the infringers in order to settle the matter out of court by way of financial compensation to the owner or licensing agreements.
- Alternative dispute resolution
- Mediation and arbitration: Using alternative methods in order to resolve the IP dispute, which can be less costly and a faster way to come to an understanding.
- Legal action
- Civil litigation: Filing a civil lawsuit in court against the infringers for damages and injunctions to stop the use of the IP by them.
- Criminal prosecution: If a serious infringement has occurred, such as counterfeiting, then criminal proceedings should be filed together with the best law firm in Sri Lanka. If the infringers are found guilty of wilful infringement, they may be liable for criminal penalties such as fines and imprisonment, according to the IP Act of Sri Lanka.
- Administrative actions: Administrative actions through the NIPO may include remedies such as opposition proceedings against pending trademarks in order to protect your rights.
- Customs enforcement
- Border measures: When you register your IP rights with Sri Lanka Customs, it enables customs officers to seize such goods at the border (such as airports, port etc).
- Training: Working with Sri Lanka Customs in order to train their officers on how to identify counterfeit goods and understanding IP rights.
- Public awareness and education
- Educate employees: Ensuring that employees are aware of what IP rights are and the importance of protecting them.
- Public awareness: Initiating campaigns in order to make the public and other businesses aware about IP rights and the consequences of infringing on such rights.
- Get professional services
- Legal counsel: Make sure that you have the best lawyers in Sri Lanka on your side, who specialise in IP related matters, such as protection and enforcement.
- IP consultants: Get the services of expert IP consultants, who can provide strategies on how to protect and enforce your IP rights.
Defending against intellectual property infringements in important, both for the owner of the IP and for future innovators who spend their time and money on such creations. By taking the right steps to register your creation or innovation, you are making a move towards protecting your IP.
