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STEP 4. ENFORCEMENT OF YOUR IPR’s The IPR’s that arise either by grant or automatically provide the owner of the IPR with a means to seek to redress in the event any third party uses that IPR without the owners prior consent. The remedies available for infringement of IPR’s cover both civil and criminal rights of action depending upon the nature of the infringement and include fines, orders for damages or account of profits made, injunctions and delivery up or destruction of infringing items as well as payment of costs. Before embarking upon any formal legal proceedings consideration must be given to the extent of your protection, the evidence of infringement and the availability of any defences that my be raised in response. In this complex area of law legal advice should be sought at the earliest stage possible (even before contact is made with the infringing party in some cases) in order to protect your own position. The right to enforce should also be considered when granting any third party the right to use or exploit your IPR’s |
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