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TaxTMI 
Types of Infringements of Intellectual Property Rights and how to protect the each such infringements?
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....ypes of Infringements of Intellectual Property Rights and how to protect the each such infringements?<br>By: - YAGAY andSUN<br>Other Topics<br>Dated:- 16-5-2025<br>Infringement of Intellectual Property Rights (IPR) occurs when a protected work is used, copied, or exploited without the permission of the rights holder. The types of IPR infringements vary depending on the form of IP involved. Here....
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....9;s a categorized overview of common IPR infringements and corresponding methods of protection: 1. Copyright Infringement What It Is: Unauthorized use or reproduction of original works of authorship, such as books, music, films, software, and artistic works. Examples: * Pirated movies or software. * Copying website content or music without a license. * Unauthorized reproduction of books ....
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....or artworks. Protection Measures: * Registration (though not mandatory in many jurisdictions, it strengthens enforcement). * Use of digital rights management (DRM) tools. * Monitoring online platforms for piracy using anti-piracy software. * Sending cease and desist letters to infringers. * Litigation under Copyright Act (e.g., in India, the Copyright Act, 1957). 2. Trademark Infringem....
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....ent What It Is: Use of an identical or confusingly similar mark in commerce without authorization, in a way that is likely to confuse consumers. Examples: * Counterfeit goods bearing a brand logo. * Domain squatting using a famous trademark. * Using a similar logo or trade dress in business. Protection Measures: * Trademark registration (confers exclusive rights). * Monitoring throug....
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....h brand protection services. * Customs recordation to stop import/export of counterfeit goods. * Injunctions and damages through civil suits. * Criminal prosecution under Trademark laws (e.g., Indian Trademarks Act, 1999). 3. Patent Infringement What It Is: Making, using, selling, or importing a patented invention without the patent holder's consent. Examples: * Unauthorized manufactur....
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....e of a patented drug. * Using a patented industrial process. Protection Measures: * Patent registration (grants exclusive rights for a term, usually 20 years). * Patent surveillance and watch services. * Sending legal notices to potential infringers. * Litigation for injunction and monetary relief under Patent Act (e.g., Indian Patents Act, 1970). * Alternative dispute resolution (ADR....
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....) mechanisms. 4. Trade Secret Misappropriation What It Is: Unauthorized use or disclosure of confidential business information or know-how. Examples: * Theft of client databases or formulas. * Former employee disclosing proprietary processes to a competitor. Protection Measures: * Non-disclosure agreements (NDAs). * Robust internal data security policies. * Employee confidentiality ....
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....clauses in employment contracts. * Litigation for misappropriation or breach of contract. * In some jurisdictions, criminal prosecution is possible. 5. Industrial Design Infringement What It Is: Copying the visual design or aesthetic aspects of a product that is registered as an industrial design. Examples: * Replicating the shape of a registered bottle or furniture. * Using similar or....
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....namental design in consumer products. Protection Measures: * Design registration (e.g., under Indian Designs Act, 2000). * Monitoring marketplaces and manufacturers. * Civil remedies like injunction and damages. * Border enforcement through customs. 6. Geographical Indication (GI) Infringement What It Is: Misuse of a GI tag that denotes a product as originating from a specific geograph....
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....ical location with known qualities or reputation. Examples: * Selling non-Darjeeling tea as "Darjeeling Tea". * Using "Champagne" for sparkling wine not from the Champagne region. Protection Measures: * GI registration under the Geographical Indications of Goods Act, 1999. * Enforcement by producer groups or authorities. * Civil suits and criminal action for false trade descriptions. ....
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....Summary Table: IP Type Infringement Example Protection Mechanisms Copyright Pirated software, copied books Registration, DRM, legal notices, litigation Trademark Counterfeit goods, logo misuse Registration, monitoring, customs enforcement, civil/criminal action Patent Unauthorized manufacturing Patent grant, surveillance, litigation, injunctions Trade Secret Disclosure of confidentia....
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....l info NDAs, data security, employee contracts, misappropriation suits Industrial Design Copying product designs Registration, marketplace watch, legal action Geographical Indication Misuse of GI name GI registration, collective enforcement, legal remedies ***<br> Scholarly articles for knowledge sharing by authors, experts, professionals ....