Enforcement of IP Rights - Frequently Asked Questions
General
- What is understood by "intellectual property (IP) enforcement"?
- Which entities are involved in the enforcement of IP rights?
- Which steps can a right holder take if he discovers that his IP rights have been infringed?
International Legal Framework
- Are there international obligations to provide effective mechanisms for the enforcement of intellectual property rights?
- Do WIPO-administered treaties contain provisions on IP enforcement?
Judiciary - Civil Courts
- Which court is competent to decide IP infringement cases?
- Are there multilateral or regional systems determining jurisdiction?
- Can parties agree on a competent court in advance?
- Are there alternatives to litigation in court?
- Which remedies are typically available in intellectual property disputes?
- Under which conditions will provisional measures be ordered?
- When will injunctive relief be available?
- Which kind of damages are available in IP disputes?
- What other measures can the court order to effectively enforce IP rights?
- How can facts be proven in IP litigation?
Criminal Proceedings
Counterfeiting and Piracy
- Are there internationally accepted definitions of counterfeiting and piracy?
- Which is the scope of counterfeiting and piracy?
- Which products are typically affected?
- What are the economic and social consequences of counterfeiting and piracy?
- How do right holders react?
Enforcement by Technological Means
- What is meant by technological enforcement?
- How do optical protection technologies work?
- How do technological protection measures work?
- Which is the legal framework for technological protection measures?
