Infringements of IP Rights

	What this module is about
	Outline

	Enforcing your rights
	An owner of IP rights is given exclusive rights relating to that particular property.

	An infringement strategy
	Determining whether there has been an infringement of IP rights and what legal action is appropriate can be a complex exercise.

	IP insurance
	The costs of enforcing IP rights can be very high.

	What should the policy cover?
	There are insurance policies available which are capable of covering some or all of your legal costs.

	Can you prove an infringement?
	This is a threshold issue that should be considered before any infringement action is taken, whether it involves legal proceedings or not.

	Who can sue?
	Usually the plaintiff in an infringement action is the owner of the IP rights.

	What is the nature of the complaint?
	What is the nature of the complaint?

	Is it too late?
	All IP rights must be exercised within six years of the infringement taking place.

	Is it worth the cost?
	At a minimum, before starting infringement proceedings you should weigh up these factors.

	Things to consider when litigating
	Things to consider before starting court proceedings.

	So you have decided to take action
	Although it is not strictly a legal requirement (expect where specified in a contract), it is usual practice for an owner of IP rights to issue a letter of demand to a person suspected of infringing the IP rights.

	What must be proven?
	What the IP owner must prove to establish legal action against an alleged infringer.

	What happens when court proceedings start?
	Understanding what is required in formal court proceedings will help you make an informed decision about whether or not to litigate.

	Strategic options
	Either party may strategically use the following options in the litigation process

	Remedies
	A number of remedies may be sought in IP litigation.

	Criminal liability
	Certain breaches -- piracy and forgery - of the Copyright Act 1968 and the Trade Marks Act 1995 constitute criminal offences.

	Customs initiative
	A trade mark or copyright owner can summon the help of Customs to prevent infringing goods from being imported into Australia.

	An infringement avoidance strategy
	An outline of what basic infringement avoidance strategy involves.

	What about the internet?
	The Internet is changing the nature of commercial relationships.

	Questions for your adviser
	A basic list of questions for your legal adviser before you begin any infringement proceedings.

	Summary of key concepts
	Important information to take away from this module.

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Infringements of IP Rights

What this module is about

Enforcing your rights

An infringement strategy

IP insurance

What should the policy cover?

Can you prove an infringement?

Who can sue?

What is the nature of the complaint?

Is it too late?

Is it worth the cost?

Things to consider when litigating

So you have decided to take action

What must be proven?

What happens when court proceedings start?

Strategic options

Remedies

Criminal liability

Customs initiative

An infringement avoidance strategy

What about the internet?

Questions for your adviser

Summary of key concepts