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Enforcing your intellectual property rights


♫ ♫ This is one in a series of videos about intellectual property and you! Once you are the owner of registered IP rights, such as a patent, trademark, industrial design or copyright… …you become responsible for enforcing them. Enforcement can be an expensive battle, so if you suspect you have an infringement case, you should strongly consider consulting a lawyer to get an estimate of the costs involved. You should also consult the Canada Border Services Agency website to get more information on counterfeit and pirated products entering or leaving Canada. There are various methods for managing infringement that can be used, including negotiated licensing, mediation, arbitration or litigation. Let’s have a closer look… Negotiated licensing happens when two parties come together to develop a license agreement between themselves. Don’t forget that most forms of IP can be licensed to others so infringers can also represent opportunities for new partnerships and generate new profits. If the two parties can’t reach an agreement, another method is mediation. That’s when an independent party, also known as mediator, guides negotiation between two parties. The mediator, who is chosen by the parties, remains neutral and facilitates the discussion. Arbitration is an alternate option of enforcement and is often attempted after failed negotiations or mediation. Arbitration is similar to mediation as a third party is involved but different in that the third party has the ability to impose a decision or settlement of the issue. Finally, one more potential enforcement option is known as litigation. Typically, litigation is the last resort in a failed negotiation between two parties. It’s often very expensive, administratively complex and can take a substantial amount of time. In litigation, both parties present their cases to the court who then hands down a ruling as to how the matter is to be resolved. Remember, when it comes to enforcing your rights and protecting your IP, always remember to be proactive, and keep an eye out for new products and services being launched in the market! ♫ ♫

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