Civil Liability for Violation of Intellectual Property Rights

Abstract

This research aims to investigate the legal foundations for recognising civil repercussions arising from the violation of intellectual property across its many categories: literary, artistic, industrial and any other kinds related to it. Copyright and all related rights belong to the inventor, which places a legal prohibition on anyone who wants to transgress this right. Literary rights are divided into material right that are reproduction right, distribution right, borrowing right, renting right, performance right, remuneration right and immaterial right that is the right of intellectual property.
Industrial rights, on the other hand, mean every protection of industrial, laboratory or creative produce, patents, industrial designs, trade secrets, layout designs of integrated circuits, plant breeders’ rights, geographical indications and other creations. As such, these industrial property rights stem from created sources within businesses, technologies, and creative markets in industries and commerce industries, and specify that the holder of these industrial property rights controls full exclusive legal rights to own, transfer, or surrender the ownership rights implied. This is due to rights that are protected by both domestic and International laws.
The study focuses on defining the fundamental elements of civil liability and analyzing relevant legal texts. With the rapid pace of technological and economic advancements, violations of intellectual property rights have escalated, necessitating a robust legal framework to protect these rights both nationally and internationally. The research examines national laws, such as the Intellectual Property Protection Law, alongside international agreements, detailing the mechanisms of infringement, the resulting harm to creators, and the subsequent establishment of civil liability. Additionally, the study outlines effective strategies for compensating damages and curbing violations.