By definition, infringement is any action that breaks or violates the terms of a law or an agreement.
In Intellectual Property (IP) Law, infringement most often refers to a violation of someone's IP rights that are legally recognised and enforcable.
Infringement in IP covers the unauthorised use, reproduction or sale of an invention, product or material that is someone else's protected IP.
Examples of this include:
There is no public office that will advise if your IP has been infringed upon and discovering infringement relies on the owner being diligent and performing regular checks.
Unfortunately, infringement of IP rights occurs frequently. Sometimes this could be a genuine mistake on the part of the infringer or a deliberate act.
The first step towards dealing with infringement is to issue a Cease and Desist letter, drafted by yourself, or preferably, an IP attorney.
If no reply is received and the infringing behaviour continues, legal action will most often follow.
It is important to have proof of your rights over the IP in question before asserting infringement as this will make it easier to achieve a successful outcome and avoid counterclaims. You should also discuss infringement with an IP Attorney to determine the best strategy to follow.
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Barry, last week, you and your professional team, made my year (or probably my next 21 years). So thank you so much for your executive, calm yet very effective actions under extream pressure. Elias Hajjar, Director, TROLLEYON PTY LTD
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IP Guardian helps protect words, symbols, letters, numbers, names, signatures, phrases, sounds, shapes and smells. Yes, I said smells.
We've had the pleasure to work closely with Barry for many years. He has been exceptional to deal with and has a keen focus in providing a commercial led IP "go to market" strategy for start-ups and well known brands. Makes it easy and always advises on different ways to navigate through the IP process.
Barry Meskin @ IP Guardian is an experienced and extremely knowledgeable expert in the domain of intellectual property, patents and trademarks. In addition he has been extremely responsive and very professional in all our dealings. I wholeheartedly recommend Barry's services to any business or anyone seeking advice in this area - great quality and great value.
