IPR License, IPR Litigation And IPR Overlap

Vishvesh Shukla, D.E.S’s Shri Navalmal Firodia Law College, Pune.

ABSTRACT

Intellectual property is the foundation of the corporate world. Owning intellectual property rights offers several benefits, including increased market share, financial gain, leverage, etc. For the world of today to continue to be creative and develop, they play an important part. Intellectual property is described by the Cambridge Dictionary as "someone's idea, invention, creativity, etc., that can be protected by law against being copied by another person." These are legal rights that permit commercial use of one's original work. This paper tries to give an insight about the License of Intellectual Property Right, Litigation relating to it and about its overlap. One important component of intellectual property is licensing. For the licensing process of an Intellectual property, an agreement takes place between the grantor of the property and the person receiving license to utilize such property, and no transfer of ownership in such property is granted. The protection one can avail after any of his exclusive IP rights are infringed comes under the ambit of IPR Litigation. The three basic categories of intellectual property are copyright, patents, and trademarks. Theoretically, each category of intellectual inventions should only fit into one area of the system and only to the extent permitted by pertinent legal precedents or statutory regulations. The issue of intellectual property rights overlaps also emerged as a result of the limits of each segment starting to overlap, which had unintended effects at the time of their creation.

Keywords: Patents, Copyright, Trademark, Trade Secrets, License, Litigation, Overlap, Infringement, Remedies, Civil, Criminal, Registered.