Law Paper on Intellectual Property and Cyber Piracy
How can an invention be patented under federal patent laws and what are the penalties for patent infringement?
The industries or persons creating, producing, commercializing and distributing the content that has not been used in the past require intellectual property rights to protect their inventions. According to the federal patent laws, for an invention to qualify for patent right it must have been created for the first time for some useful purpose and not just a theoretical benefit. Once an invention has been patented, any unauthorized use results to patent infringement. The inventor is entitled to recover all the damages caused including injunction against the infringer. In the case where the infringer deliberately causes the damage, the plaintiff has a legal right to high pitch the damages.
What are the penalties for engaging in cyber-infringement of intellectual property rights?
The impact of digital content on the various sectors of the entertainment industry is substantial. In the cyberspace, virtually all intellectual creations can be protected by some form of intellectual property law. When a party engages in cyber infringement of intellectual property, then the relevant court may rule that infringer pay to the owner all the profit that they made from the use of copyrighted work without the permission and all other damages suffered by the plaintiff. As well, the plaintiff may recover an injunction protecting their work from further infringement.
What are the significance of trademarks and the penalties for trademark infringement?
In the case of the companies in the production sector, it is important that they acquire trademark to help their customers to distinguish their products form others. This will ensure that their targeted market has a clear knowledge of their product hence increasing their revenue. Correspondingly, it will guarantee the owner protection of their investment and the goodwill in the mark. Any use of the trademark that is not authorized by the owner amounts to violation. The owner can sue the infringer and if the court finds that the defendant’s unauthorized use of the trademark may cause confusion and deception of the customers on the origin, then the defendant may pay for the damages caused.