Patent infringement in the UAE: What inventor should do
It’s bad news to know that someone infringes on your patented product. It not only undermines some unique ideas from your side but also affects your business in terms of finance and reputation. You need to take quick action when such a case appears.
Meanwhile, Jitendra Intellectual Property (JIP) has experts who help you deal with infringement cases excellently, making sure that you don’t lose anything and get your rights back.
Here, you will learn the basic steps for navigating a situation when you discover patent infringement on your product.
1-Confirm the Infringement
Before acting, confirm for yourself that infringement has occurred. Look closely at the circumstance, considering your patent claims and comparing the allegedly infringing product or process; look where similarities in design, function, or use may be infringing your exclusive rights including the know-how.
It is sometimes wise to seek an attorney or expert to make sure that the alleged act of violation meets the requirements as an infringement in patent law. Misconstruing the incident may create a flaw in your case later.
2-Gather Materials
Document everything. Take pictures, videos, or screenshots of the infringing product. If possible, buy the product in order to analyze its design and functionality. Write down details such as the infringer’s name, company, and distribution channels, among other details.
Gathering concrete evidence is important. It helps strengthen your case and makes sure your legal action is sound.
3- Send a Cease-and-Desist Letter
A cease-and-desist letter is an optional procedure which can serve as the first step in addressing patent infringement. This formal notice will inform the infringer that they are indeed infringing your patent rights and command them to desist.
Details to include herein are:
- Your patent registration number.
- Determine the Articles of law that prevent such acts of infringement
- Actions they need to take, such as halting production or sales.
Transmitting this letter shows you are serious about protecting your legal rights and provides the infringer with a chance to settle the issue without proceeding to litigation.
4- Negotiate an agreement
The infringer may be willing to settle out of court. Attempt to negotiate a mutually favourable settlement. Opportunities may include licensing agreements, royalties, or a one-time settlement.
It will also help save time, effort, and money that will be used to defend your rights in court. Discuss this with your legal counsel or an IP professional like JIP to ensure that the settlement is legal and reasonable in its conditions.
5-Complaint to Authorities
When the infringer rejects your demands, the matter escalates further, and it has to be complained to the legal authorities. For example, in the UAE, an intellectual property case can be presented to the Ministry of Economy or any other committee authorized to deal with such disputes.
6-Litigate
Litigation is the final option when negotiation fails. Litigate against the infringer to file an infringement lawsuit before the competent court. The remedy will depend on the nature of the case. You can claim;
- Injunctions on further infringement
- Compensation for losses incurred.
- Orders to destroy infringing products.
Litigation can take very long as there may be appeals and multiple levels of trial before a final judgment. This process can be completed more effectively and easily with the help of an IP professional at JIP.
7-Pursue Legal Action
If your product sells globally, make sure your patent protection also covers other countries. It’s easy to make a filing under a treaty such as the Patent Cooperation Treaty (PCT).
International protection will safeguard your invention across borders and reduce infringement risks in other markets.
8-Enhanced Future Protections
You may use this experience as a warning to strengthen your patent portfolio. Continue to screen the market for infringement and at the same time, monitor the evolution of patent laws in your specific field.
You may engage with intellectual property firms like JIP or use applications that track the unauthorized use of your inventions. Keeping your innovations secure proactively reduces your chances of future infringement.
Why Choose Jitendra Intellectual Property?
Patent infringement is definitely like an attack on your creativity and hard work. But through the right guidance from experts at JIP, you can prepare yourself to defend your rights. We suggest you confirm the infringement by having strong evidence and seek remedies through negotiation or legal channels with the help of our experts. This way you can save your invention and retain the value it brings to your business.