ABSTRACT

This chapter summarizes further issues that apply to infringement of IPR, such as the distinction between 'soft IPR', such as copyright, and 'hard IPR', such as patents. It also examines the practical steps that may be taken to stop acts alleged to infringe IPR and to obtain evidence of infringement to support legal proceedings. Other issues to be considered are the choice of court or forum to bring proceedings for infringement and the territorial nature of IPR. IP licences contain all manner of terms and are usually quite complex documents, dealing with all sorts of eventuality. The licence is, however, an opportunity to provide for actions to be taken in the case of suspected infringement. Owners of IPR often grant licences to others allowing them to manufacture and commercialise copies, articles or products subject to the rights. A licence will sometimes also grant the right to use the owner's trade marks or get-up.