Enforcement

There are certain basic measures that can be taken to determine whether or not an intellectual property right has been infringed.

First, the intellectual property right that is in use or is intended to be used must be identified. Examples include:

• A trademark or distinguishing sign
• An invention
• A work protected by copyright

Once the distinguishing signs, works, or inventions used has been identified, it must be determined whether some of these belong to third parties or are very similar to distinguishing signs, works, or inventions belonging to third parties.

If the distinguishing sign, work, or invention does not belong to a third party or is self-produced: it can be used freely.

If the distinguishing sign, work, or invention belongs to a third party or is very similar to other distinguishing signs, works, or inventions belonging to third parties, it must be determined whether these rights are still valid.

If they are not still valid: the creation is in the public domain and it can be used freely.

If the rights are still valid, this could constitute an infringement.

If we are sure that the rights over a distinguishing sign, work, or invention is valid and belongs to a third party, using it without authorization could constitute an infringement. You can take the following actions in order to prevent this:

• Stop using the material that could infringe on the rights of third parties.
• Obtain a permit or licence for the protected material.
• Acquire the original material.