Understand the intellectual property infringement:

April 8th, 2010 by admin

An intellectual property considers all of your own invention like your thoughts, your feelings and many more activities by your brain. And the government has taken the responsibility to protect your discovery or invention by implementing intellectual property law that covers trademark, copyright, patent etc…

The intellectual property attorney will be able to understand when an intellectual property violation has occurred on case by case. Actually this is a theft or copying of another product or material and claiming that he or she is owner of the product or material and that is very illegal and also prosecutable. It may be a very complicated area of law but the efficient IP lawyer will be able understand it when the incident occur.

What would be punishment of violating Intellectual property (in terms of copyright) law?

If you have a product that is copyrighted and if that copyright is violated then the Intellectual property owner or the copyright holder may ask for an injunction against the entity that is violating the copyright. The copyright holder may also seek statutory or monetary compensation for the violation of copyright. If the violator is found guilty by the court of law then criminal penalties will leveled against the violator.

The penalties are:

  • Until and unless the law of court will take any action, a temporary injunction will be prohibiting an individual to continue to infringe copyright. And the permanent injunction will prohibit an individual to violate the copyright permanently.
  • A copyright holder can request for the statutory damages that will be calculated per work infringed.
  • A copyright holder can request for a monetary damages that are earned by the individual or entity while a copyright is violated.

If the IP law violator is found guilty the there is an imprisonment of up to 5 years or a fine of up to $500,000 for a first offense. And for the subsequent offenses the punishment may be an imprisonment of up to 10 years or a fine of up to $1 million.





Additional Information: To avoid copyright violation in Chicago please contact with an efficient Chicago IP Lawyer.

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