When it comes to protecting intellectual property, legal resources are essential tools to prevent infringing behavior and obtain compensation for any losses. There are two main ways to enforce intellectual property rights when an infringement occurs: criminal remedies and civil remedies. In most cases, victims of an intellectual property violation will file a civil lawsuit in a court of law. This is because intellectual property is the term used to describe intangible creations of the mind, such as inventions, literary or artistic works, designs, symbols, names and images. The general rules of redress mean that the party who suffered a grievance after establishing a cause should be practically compensated. In other cases, the remedies provided for in this Part shall be applied or, when such remedies are incompatible with the legislation of a Member, declaratory judgments shall be issued and appropriate compensation shall be available.
Violation of intellectual property rights can be a crime and those who break the law could be sentenced to prison terms. If someone steals someone else's intellectual property, the right solutions should be implemented to ensure that the creator receives justice. If they can show that they have suffered losses due to the use of their protected intellectual property without their permission, they should receive compensation for the specific economic loss. In appropriate cases, available remedies will also include the seizure, confiscation and destruction of infringing goods and of any materials and implements whose predominant use was the commission of the crime. To obtain legal recourse in the event of an intellectual property violation, the victim will have to prove that an infringement actually occurred.
Those who are harmed by the violation can also seek civil remedies before the courts, both to stop the infringing conduct and to obtain compensation for losses that result from the infringement of intellectual property. Members can provide for criminal procedures and penalties to be applied in other cases of intellectual property rights infringement, in particular when committed intentionally and on a commercial scale. However, with technology constantly evolving, today's intellectual property landscape presents a unique problem. Victims must also demonstrate the magnitude of the harm caused by the intellectual property infringement in order to determine an appropriate legal remedy based on the specific characteristics of the situation. The amount awarded for damages is intended to put the owner of the intellectual property rights back in the position he would have found himself in if the violation had not occurred.
Any rightholder who initiates procedures must provide adequate evidence to convince authorities that their intellectual property right is being infringed prima facie and provide a sufficiently detailed description of goods for easy recognition by customs authorities.
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