${site.data.firmName}${SEMFirmNameAlt} Menu
916.749.1431

How is intellectual property infringement prosecuted?

If you own intellectual property in California, then you are likely concerned with protecting it. Should someone infringe upon your rights, the case will typically end up in federal court where you have to be represented by someone who is able to work at that level, such as Millstone, Peterson & Watts, LLP. It is not an easy process, so it helps to understand exactly what to expect.

According to the Copyright Alliance, intellectual property infringement is often civil but may also be criminal. Many government agencies are usually involved in IP cases because they are in charge of the laws governing intellectual property. Knowing if something constitutes infringement is based upon the rules, laws and circumstances laid out by the governing agency. For example, patents are governed by the U.S. Patent and Trademark Office. The U.S. Department of Justice may get involved, turning a case into a criminal matter. Foreign matters are often handled by the U.S. State Department or the International Trade Commission.

There is also the matter of the statute of limitations. Most intellectual property has limits to how long it is protected and when such protection is in effect. You can only bring an infringement case if you are within the statute of limitations.

The court will determine guilt or infringement liability based on the law. It will also grant you remedies, which are usually monetary. An order to cease actions that are considered infringement is also granted. In criminal cases, the court may send the infringer to jail. To learn more about intellectual property laws, visit our website.

No Comments

Leave a comment
Comment Information

Contact Our Law Firm - Request An Initial Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Get In Touch With Us

Millstone, Peterson & Watts, LLP
2267 Lava Ridge Court, Suite 210
Roseville, CA 95661

Phone: 916-749-1431
Fax: 916-780-8775
Roseville Law Office Map