Claiming on an intellectual property can be tricky since it needs certain document or documents to prove the ownership. Intellectual property comes in three categories. The first is patent which refers to material things such as the invention of the machine and the other tangible things. The second one is the copyright. This refers to the intellectual property that falls in musical, literary, and artistic pieces. Paintings, songs, novels and poems go with this. The last one is the trademark- which covers the name of a company, logo, symbol, and brand. When you happen to be alleged of using other people’s IP, it is safe for you to stay calm and take action on figuring out if the complaint makes sense. Some plaintiffs and lawyers take advantage, in this case, to collect a certain amount as fine from the accused. It is important that you know how to defend yourself in times like this, especially when you are not doing anything against their rights. To get through with this complaint, read the text below.
- Read the letter of complaint thoroughly. The complaint usually comes with a document, and so you have to read it carefully. Take note of the important details regarding the allegations, and the company or individual who raised the issue. This might have something to do with your current activities or just one of the “take advantage modus” of the plaintiff.
- Identify what IP right infringement has been alleged to you. Be keen with the complaint. You must be able to deduce the message on a clear view why you were alleged for such violation. This should include the particulars of the complaint, and how you did commit such infringement.
- Look for proofs regarding with their claim and a violation on your part. Next thing to do is to ask for a document that proves they own such IP. Whether it is a patent, copyright or trademark, you need to ask for such evidence to justify their complaint. If they can’t provide it, then maybe they are just using such issue to get some amount from you.
- Identify their means of settlement. On the same letter, take note if they have mentioned a way of settlement. Other plaintiffs demand for fine and others want to raise the issue on a higher degree such as in court. If they were able to prove that you have committed infringement on their IP, you might consider having the issue settled on payment. Bringing the issue on the court would cause much on your part on top of spending your time attending the hearing.
- Check the dated deadline for the settlement. Read the letter again and see the deadline they’ve indicated on the complaint. You should come up with a way how you could deal with it before the time. So ideally, you must take action on the issue after receiving it.
When dealing with IP complaint, it is important that you read the letter thoroughly. This will help you identify the details of the complaint and why it is being raised to you. Knowing the infringement allows you to come up with a solution how you could handle the issue. Another piece of advice is seek an experienced lawyer regarding with handling of IP cases so that you will be properly guided with the next action you’ll be taking.…