To reflect globalization, registration of a novel design is now a common practise amongst every enterprise as they try to keep their product ahead & superior to others. Racing to protect one's own design, enterprises face a crucial threat of design infringement for their registered design. The intellectual assets developed by enterprises are vulnerable and stand prey to piracy. This infringement can be protected by filing an application for Piracy of Design.
PIRACY OF DESIGN:
Piracy of Design occurs when some other party uses your designed materials without your permission. Piracy of Design manifests itself in a variety of ways:
- EXIM- by importing/exporting such article for the purpose of sale that design
- Publish- by publishing/exposing/cause to publish/exposing for sale that design
- Registering- applying to register similar article for design in any class
Piracy is financially harmful to copyright owners. Even if offending parties do not profit from their illegal actions, the lost opportunity for sales damages a product’s position in the market.
DESIGN PIRACY CEASE AND DESIST NOTICES:
A design piracy notice typically informs the recipient that they are allegedly infringing on the sender’s Design. Such cease and desist letters demand the recipient cease the infringing activity immediately. The request may also threaten further legal action, such as design litigation, if the recipient does not comply.
Our design team at J&P reviews the facts and assists with determining the validity of design claims. We provide opinions on best actions to take as well as assist clients in design infringement defense through settlement negotiation or litigation.
OUR EDGE:
J&P’s design team, which is made up of specialist IP lawyers, investigators and other IP professionals, is experienced in all forms of IP enforcement and dispute resolution in India. In each case, we will determine the most appropriate course of action, advice on enforcement strategy at all stages, provide detailed case management and reporting services. In every case our team endeavours to understand business objective and tailor our approach to providing cost effective solution in a timely manner.
We constantly watch our clients’ design and monitor it from time to time. We keep a strict eye out for any misuse of our client’s Design article and promptly report any wrongdoing so that they can take an immediate action. Our team takes utmost care in Drafting, Vetting and Reviewing of any affidavit, petition, suit, agreement, replies to notices issued by the copyright office or any third party to eliminate the chances of any discrepancies.