Explain civil and criminal remedies under various intellectual property laws for enforcement of intellectual property rights

Introduction: Protection for intellectual rights means ultimately a protection for the human mind. The human mind is a creative workplace that contributes to the rapidly growing technological world that we live in today. The importance of the proper enforcement of such rights cannot be fathomed enough as it is one of the most important rights for humankind and contributes tremendously to the industrial world. Intellectual Property Rights have reached new heights all over the globe. The basic definition of IP rights is the legal right given to a brand, design or invention or any other type of creation. The common types of intellectual property are copyrights, patents, design, trademarks, geographical indications, industrial designs, trade secrets, layout designs for integrated circuits and protection of new plant variety. The economic and trade policies of several nations have grown tremendously over the years, at the same time the illegal export and imports of goods have also increased. However, IP rights violations remain to pose an enormous threat. In this article, the current legal scenario of enforcement of IP rights, its history, legal provisions with regard to border security measures and the international perspective are discussed. History of Intellectual Property Rights The birth of Intellectual Property Rights in India dates back to 1856. The main aim was to promote new inventions, encourage inventors to protect such inventions and to grant exclusive rights. The f...

The following IP practice note provides comprehensive and up to date legal information covering: • Civil and criminal remedies for intellectual property infringement • Legal nature of IP rights • Enforcement of IP rights • Remedies in private civil actions • The injunction • The interim injunction • Territorial effect • Duration of prohibition • Costs • Intellectual Property Enterprise Court More...• Damages or an account of profits • Procedure • Basis of award • Delivery up or destruction • Tracing remedies and disclosure of information • Tracing remedies • Pre-action disclosure • Norwich Pharmacal orders and Article 8 of the Enforcement Directive • Non-party disclosure • Orders for publication of judgment • Declaratory relief • Criminal remedies for IP infringement • Confiscation orders • The costs advantages of private prosecutions • Contempt of court Less... Civil and criminal remedies for This Practice Note provides an overview of the civil and criminal remedies which can potentially be deployed against those who infringe UK IP rights. For more details on remedies in relation to specific IP rights, see the • • Remedies in patent proceedings • • Remedies for trade mark infringement • • Trade mark infringement and interim injunctions • • Remedies for infringement of registered or unregistered design right • • Confidential information, privacy and injunctions • • Trade secrets and confidential information—protection and enforcement • • Anti-counterfeiting in the UK • • I...

INTELLECTUAL PROPERTY Enforcement of intellectual property rights If the intellectual property system is to make its intended beneficial contribution to economic and social welfare, it is vital that the tools be available to ensure that IP rights are respected in an effective, timely and accessible manner, alongside the legitimate interests of others concerned. The Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS) broke new ground in multilateral law by setting out general principles for the enforcement of IP rights. It requires WTO members to make available effective, balanced and fair procedures that provide for necessary remedies while guarding against their misuse and the creation of obstacles to legitimate trade. Background Concerns about adequate enforcement of IP rights in the multilateral trading system predate the entry into force of the TRIPS Agreement upon the establishment of the WTO. The Paris and Berne Conventions provide for some enforcement measures, including on infringing imports. A The TRIPS Agreement is the only international agreement that includes a comprehensive section regarding the enforcement of IP rights. Provisions in the Agreement make it mandatory for WTO members to establish rules for obtaining evidence, for provisional court orders, for injunctions, damages and other remedies, and for measures at the border and criminal sanctions. Understanding enforcement obligations Basic principles The basic objectives and princip...