Intellectual property rights in the form of copyright or invention rights arise automatically. It is also very important that intellectual property rights are protected by some existing legal tools. Intellectual property has a lot to do with the use of an invention or brand that you are the creator of. In this context, patent rights arise.
Usually, under the scope of patent rights, the owner of a product or invention prevents third parties from exploiting their intellectual property rights. Simultaneously, if a third party engages in a legally restricted action with the patent holder's permission or with permission from someone authorized to benefit from this right, the patent right is considered violated.
In the business world, it is important for leaders or stakeholders to understand the various legal protections afforded by patent rights in different situations. In general, patents grant owners the authority to prohibit unauthorized use by protecting their inventions.
Trademarks also protect distinctive symbols or names and copyright laws safeguard artistic works and original literature. In any case, the holders of these rights have the authority to prevent the unauthorized use of protected inventions and to prevent the use of trademarks that are similar enough to be confused with the original brand.
Furthermore, depending on the circumstances, they also have the right to stop the reproduction or imitation of one or more protected patents.
In general, it is crucial to understand if there is an infringement of patent rights for commercial trademarks. This serves as a necessary legal procedure before proceeding with any legal action. Patent rights infringement can occur in several ways.
Patent infringement typically arises when a patent that has been approved by an intellectual property protection organization is used or implemented in an industry without permission from the patent holder. Therefore, it is essential to ensure that using an invention is genuinely novel and has not been previously discovered by someone else.
In the business world, if you are marketing a product or have created your own brand, it may be necessary to consult with an attorney specialized in intellectual property law to protect yourself against various challenging risks in this field. However, finding a reputable or proven attorney, as in many fields, can sometimes be quite complex.
Consequently, working with individuals who specialize in this field is of utmost importance. Additionally, gaining more knowledge about trademark law is highly significant for a commercial enterprise.
In this context, understanding what a commercial trademark is, how to register it, and how to protect it from certain frauds are essential. Consequently, addressing the damages suffered due to patent infringement becomes much easier.
The laws governing patent infringement and the accumulation of knowledge in this area are largely specific. First, the legal forms of patent infringement are determined, and then the resolution of disputes related to patent infringement is addressed.
In general, the rights holder must prove that an infringement has occurred concerning their invention. If the dispute is related to a physical product, for example, the composition of the product can be analyzed, and the results can be easily compared with the claims of your patent.
A patent attorney will provide valuable advice on this matter. If the dispute is related to a method, proving infringement can be much more challenging. However, depending on the jurisdiction where the suspected infringement occurred, there may be legal tools that facilitate the discovery of evidence.
For example, if the party with suspicions can verify their doubts but needs more evidence to initiate an infringement lawsuit, the laws may provide for the possibility of seizing evidence of infringement. It is also possible to interview witnesses.
The patent holder must prove that their patent has been infringed for commercial purposes. In this regard, they can request the alleged infringer to provide documentation and have the subject matter or methods of the patent examined. However, it should be considered that the suspected offense is reasonably likely for this purpose.
Initially, a request for consent or a warning can be directed to the person suspected of the offense. In some cases, actions that constitute a possible infringement may also be ceased. In the second step, an infringement lawsuit can be filed under intellectual property laws. In this context, a neutral expert may examine the area or product where suspected infringement exists.
One of the generally considered violations of patent rights must occur for this purpose. In this context, under Article 141 of the Industrial Property Law, actions that could be considered as a violation of patent rights are as follows:
Production or imitation of the patented invention, either in whole or in part, without the permission of the patent holder.
Sale, distribution, or importation of the imitated or produced product. In addition to this, its use for commercial purposes and inclusion in contracts.
The theft of patent rights acquired through registration.
Expanding or transferring the usage rights granted by the patent holder through a license.
Unauthorized use, sale, or distribution of a patented method, in case the patent is method-related.
Cases of patent infringement often involve the partial imitation and production of products. When partial imitation occurs, the infringement situation remains the same, which constitutes a violation of patent rights.
Patent infringement is characterized by counterfeiting, reproducing, or imitating something without the right to do so, and claiming or implying that the copied item is genuine. Usually, a derogatory implication is added, suggesting that the allegedly fake product is of inferior or mediocre quality.
Patent infringement is the theft-like operation of a trademark or logo acquired for commercial purposes. It has legal consequences within the scope of the Intellectual Property Law. In this context, the provision states that any infringement of the rights of the right holder constitutes a violation that imposes legal responsibility on the person who wrote the patent.
In other words, when a product that has already been patented is manufactured and marketed by someone other than the patent holder, it is considered an infringement. In this context, compensation for the damages incurred is ensured.
During the lawsuit, the judge may detain the person after substantive or summary judgment. In the event of the conviction of the counterfeit patent holder, the seized counterfeit product can be destroyed, and compensation can also be awarded. Additionally, the person is required to pay the potential income obtained from using the counterfeit invention to the rightful owner.
