Intellectual property is a work that was created by an individual or group, such as a design or manuscript. When an individual or group creates intellectual property, they have the right to protect it with a trademark, patent, or copyright. When intellectual property rights are infringed upon, the owner of the property has the right to pursue a lawsuit with the help of the IP Lawyers.
The first step in the process is making sure a true infringement has occurred. The individual or group must first meet with the lawyer so an investigation can take place. This allows the lawyer to gather evidence for an infringement claim so a lawsuit can be pursued. The lawyer will work to make sure there is a viable claim and ample evidence to prove infringement. They will also prepare for any counterclaims or arguments against infringement so they will be prepared.
There are several steps involved in the process, including:
- Once the lawsuit has been filed, the pleadings will take place.
- The discovery process allows both sides to share facts in the case.
- A pre-trial conference takes place where reports are shared with the court so the trial can be prepared.
- The trial takes place before a single judge and is decided on by that judge, without the aid of a jury.
- Once a decision has been reached by the judge, both parties have the right to appeal.
- Settlements may be reached at any time and are preferable before a complaint goes to trial.
Although it is not required, it behooves individuals to seek the help of a lawyer when planning a copyright infringement lawsuit. A lawyer helps to protect their client’s rights and works towards a fair outcome. Time, money, and stress are all saved when a person is working with their lawyer.
If you have had your intellectual property rights infringed upon, it is vital you seek legal help right away. With a consultation meeting, you can learn more about your rights and the best recourse for pursuing a fair settlement. Call the office today and ask them to schedule your consultation appointment so you can get started.