After a patent has been issued, the owner has the power to enforce the patent. However, Patents are territorial rights, their scope, enforcement, and validity may vary from country to country. Differences in governing laws/rules applied to various aspects of patent litigation like claim construction; recovery of damages; availability of interim remedies to provide emergency IP protection; and discovery requirements may lead to differences in the cost, time, predictability, and outcome of litigation. Even the rules governing research exemptions, prior user rights, or compulsory licensing in case of public need, may also vary.
The businesses having global presence not only need to enforce IP rights but defend their activities against third party IP claims as well. It may get tricky with each jurisdiction applying differing standards, even the rights which are defendable in one jurisdiction may not be so in another.
Huge verdicts for patent infringement against some of the big companies illustrate the potentially severe consequences that companies face when accused of infringement of third-party IP claims.
Therefore, it is necessary to seek legal advice before putting a new product in a market or enforcing patent against a potential infringer. By doing so, businesses can determine whether there is merit to the claim of infringement, and what is correct way of enforcing a patent.
As they say right advice is………………………priceless.
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