INTELLECTUAL PROPERTY VIOLATION
INTELLECTUAL PROPERTY RIGHTS | INTELLECTUAL PROPERTY VIOLATION
Intellectual property violation is the single most significant threat to competitiveness of international firms. The intellectual property violation varies from region to region and from country to country.
Two factors that correlate to the Intellectual Property Violation are market factors and involvement factors. The market factor will include the economic development, business environment and cultural traits dominant in particular country. Involvement factors describe a particular nation's level of activity in international trade as well as membership in organizations which monitor and advocate intellectual property protection.
Intellectual Property Violation is widely is a developing country problem. In some countries protection may not exist due to lack of appropriate legislation or as a matter of policy to ensure availability of products even if they are copies. It is common that enforcement of protection may be negligent in domestic firms. The unavailability of authentic products, or when available their high price provides justification for both the violators and the respective governments to allow or at least tolerate the practice. Developing nations also fear that strict enforcement of Intellectual Property Rights would harm their prospects. In rapidly industrializing countries which are dependent on world for technology flows, legislation and enforcement efforts have been stepped up. Industrialized nation have always seen the protection of intellectual property rights as a guarantee of continued investments and innovation.
Intellectual property violation may be a copyright infringement, a patent infringement or a trademark infringement.
Copyright violation or infringement is defined as the unauthorized use of material that is covered by copyright law, in a matter that violates one of the copyright owner's exclusive rights. In electronic and audio-visual media, unauthorized reproduction and distribution is occasionally referred to as piracy. The practice of labeling the act of infringement as "piracy" predates copyrights.
Patent violation or infringement is the act of utilizing a patented invention without permission from the patent holder. The permission is granted in the form of license. The scope of patented invention or the extent of protection is defined as claims of the granted patents. The term of claims inform people that they are not allowed to violate without the permission of patent holder. Patent are territorial and infringement is possible only in a country where are patent is in force. The scope of protection varies form country to country because the patent is examined by patent office in each country and may have difference of patentability. Patent is violated when any party manufactures, imports, uses, or offers a sale of patented technology during the term of patent and within the country that issued the patent is considered for violation.
Trademark violation or infringement is a violation of the exclusive rights attaching to a trademark without the authorization of the trademark owner or any licensees. Violation or infringement occurs when one party uses a trademark identical or confusingly similar to a trademark owned by another party. An owner of trademark may commence the legal proceedings against the party which infringes its registration.
These are the three different Intellectual Property violation or infringement process. |
Get perfect Email ID for your Resume. Get before others grab.
0 Comments:
Post a Comment
Subscribe to Post Comments [Atom]
<< Home