Combating IP Infringement on the Internet

You’ve put in a lot of effort to establish your company. It took a lot of sacrifices to bring it to where it is now. Then, all of a sudden, you find out that someone online is infringing on your IP. It’s easy to think of going directly to court and suing them for whatever you can in the heat of the moment. However, it makes sense to think about your options first.

To begin, consider the following questions:

• What IP is being infringed?
• What is the value of that IP?
• Who is it that you believe is infringing your IP?
• What evidence do you have that the infringement has occurred?

Although adopting drastic measures may seem appealing, it may not be the best decision. Consider the expense of pursuing vs. the potential loss of revenue. Alternatively, you may look for a way to provide a license agreement and generate new revenue.

If you decide to initiate legal action against the possible infringement, there are a few things you should do.

Make sure you’re not making an irrational complaint

If you believe your intellectual property has been violated, be sure you have a solid factual and legal foundation before filing a complaint.

Threats of infringement are prohibited by the Copyright Act, Trade Marks Act, Designs Act, and Patents Act. In reality, those who receive groundless threats, requests, or accusations about copyright infringement can sue the people who made the threat or demand. To limit the possibility of being held accountable for groundless threats, get guidance from an IP professional.

If there are reasonable grounds for a complaint, it should be directed to the person who is accountable for the violation. This may be enough to cease the infringing behavior without involving third parties.

Taking action through third parties

You might contact third parties whose services are used as part of the infringement if it is not practicable or practical to contact the infringing party directly.

Review the provider’s terms and conditions, as well as any intellectual property policy published on its website, whether the infringement occurs on social media, a mobile app marketplace, or an eCommerce website.

You can report the content directly to the website if the provider has a proper copyright takedown mechanism. If their payment service providers’ services are being utilized to handle payments for the illegal content, you can also file a report with them.

Alternative Dispute Resolution

Alternative Dispute Resolution (ADR) services may be a less expensive and faster way to resolve your dispute than formal court processes. Mediation, arbitration, and expert determination are examples of alternative dispute resolution (ADR) that can help parties reach a rapid resolution without resorting to litigation.

The World Intellectual Property Organization (WIPO) offers a variety of alternative dispute resolution (ADR) services for issues that span international borders.