Explain in brief the Civil Remedies in enforcing Intellectual Property Rights. About Enforcing IPR.

Explain in brief the Civil Remedies in enforcing Intellectual Property Rights. About Enforcing IPR.

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Explain in brief the Civil Remedies in enforcing Intellectual Property Rights. About Enforcing IPR.

SOLUTION:

About Enforcing IPR:

• Every right holder under the IPR is subject to the right to seek review by a judicial authority.
• These rights of the defendant should be an action without prejudice.
• In case of infringing cases the authority can dispose these infringing goods as per their rights.
• Hence only in exceptional circumstances related to infringing goods these need not be disposed.

Civil Remedies:

• The right holders concerning to the enforcement of IPR has to provide a written notice within a stipulated timeframe to the defending party.
• Parties shall be allowed to have representatives to fight their cases individually.
• All parties during proceedings are entitled to their claims and need to present relevant evidence.
• These procedures provide identification and protection of confidential information.
• The opposing party in appropriate cases needs to produce evidence which specifies the situation related to the case.
• In cases where the parties are not allowed to access their goods in such cases the judicial authorities make the final decisions based on the evidences presented by the parties who are adversely affected by the denial of access to information.